Court No. - 68
Case :- APPLICATION U/S 482 No. - 21607 of 2019 Applicant :- Radheyshyam And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Lalit Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed against the order dated 08.05.2019 passed by the Special Judge (Dacoity Affected Area), Etawah in Special Case No. 18 of 2013 (Dharmendra Vs. Radhey Shyam), under Section 394 I.P.C., PS Bakevar, District-Etawah whereby Non-bailable warrant has been issued against the applicants.
Learned counsel for the applicants contended that due to personal problem applicants could not appear before the trial court. Application for dispensing their personal appearance through counsel was presented before the trial Court. Counsel for the applicant could not appear before the trial Court due to engagement in another court. Accordingly, impugned order has been passed.
As applicants and his counsel did not appear before the trial Court, therefore, there was no option except to issue non- bailable warrant against the applicants. Accordingly, I find no any abuse of process of Court.
In the result, the application is rejected.
However, considering the facts and circumstances of the case, it is directed that if applicants apply for recall/bail application within 30 days from today, same shall be decided by the trial Court expeditiously preferably on the same day.
For a period of 30 days from today or till the applicants apply for recall/ bail application, whichever is earlier, no coercive action shall be taken against them.
Order Date :- 30.5.2019/AKT