Court No. - 49
Case :- APPLICATION U/S 482 No. - 42630 of 2018 Applicant :- Panna Lal Tripathi Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Present Shri Janardan Yadav, learned counsel for the applicants and Shri D.K. Srivastava, learned AGA for the State.
This application under section 482 Cr.P.C. has been filed challenging the order dated 20.08.2018 passed by the learned Additinal Sessions Judge, Court No. 3, Azamgarh in Special Case No. 131 of 2012 (State Vs. Panna Lal and Others), arising out of Case Crime No. 213 of 2011, under section 8/21 NDPS Act, Police Station - Bardah, District - Azamgarh.
Learned counsel for the applicant submits that the applicant was admitted to bail on 11.01.2012 and thereafter, applicant could not appear on one date and process under section 82 Cr.P.C. was issued on 20.08.2018.
At this stage, the learned counsel for the applicant submits that the applicant is ready to appear and move an application for cancellation of process under section 82 Cr.P.C. and some time be granted.
Learned AGA for the State has opposed the prayer by submitting that the applicant did not appear before the trial court and therefore, the process under section 82 Cr.P.C. was issued and there is no ground for quashing the order dated 20.08.2018.
I have carefully considered the submissions made by learned counsel for applicants as well as learned AGA for the State. I have also gone through the material available on record.
Having considered the facts and circumstances of the case and the submissions made by learned counsel for both the parties, there is no ground to quash the order dated 20.08.2018.
Accordingly, the prayer for quashing the order dated 20.08.2018 is declined.
However, in view of the fact that learned counsel for the applicant submits that the applicant is ready to appear before the trial court within 15 days from today and move application for cancellation of process under section 82 Cr.P.C., it is directed that no coercive steps be taken against the applicant within the said period of 15 days from today.
In case, the applicant fails to appear before the court concerned within the aforesaid period of 15 days, the interim order shall stand vacated.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
Order Date :- 30.11.2018 Amit Mishra