Court No. - 64
Case :- APPLICATION U/S 482 No. - 16662 of 2019 Applicant :- Rajesh Opposite Party :- State Of Up And Anotehr Counsel for Applicant :- Babban Prasad Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material brought on record.
By way of the instant application, the applicant has sought to quash the non- bailable warrant dated 24.8.2015 in criminal case no.6245 of 2011, under Sections 304 B IPC and 3/4 D.P. Act, Police Station Kotwali, District Farrukhabad.
Learned counsel for the applicant submits that applicant has neither deliberately avoided to attend the court below nor he has any intention to delay the trial. However, he made promise, as has been extended on behalf of the applicant, that as a matter of last chance, he may be permitted to appear/surrender before the court below as he is ready to give an undertaking that he will always appear before the trial court on the date fixed.
Learned AGA has supported the proceedings of the lower court and submitted that there is no good ground for quashment of the proceedings. He adds that court below has rightly issued the non- bailable warrant against the applicant, but he conceded that if, applicant makes promise to surrender before the court below within the stipulated period, then Court may give some time for his surrendering before the court below.
In view of above facts and circumstances of the case, as a matter of last opportunity, applicant is directed to appear before the court concerned within a period of two weeks' from today and apply for bail, the same shall be heard and disposed of by the courts below in accordance with law by passing speaking and reasoned order.
With the above directions/observations, this application is finally disposed of.
Order Date :- 26.4.2019/Raj