Court No. - 1
Case :- APPLICATION U/S 482 No. - 38544 of 2018 Applicant :- Raghuraj Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Kumar Shukla,Amresh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Amresh Kumar Tiwari, learned counsel the applicants and Sri Amrit Raj Chaurasiya, learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C. petition has been filed for staying the non-bailable warrant order dated 23.1.2018 as well as order dated 22.05.2018 issued by A.C.J.M., Court No. 10, District Agra.
Learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.
After having heard the learned counsel for the applicant and perused the impugned order as well as the materials brought on record, I do not find any justification for interfering with the order dated 22.05.2018. The prayer to that effect is rejected.
However, without expressing any opinion on the merits of the case, I dispose of this application with a direction that the applicant shall surrender before the court below within three weeks from today.
For a period of three weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.
In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicant for ensuring his appearance before it.
With the aforesaid directions, this 482 application is finally disposed of.
Order Date :- 27.10.2018 Madhurima