Court No. - 64
Case :- APPLICATION U/S 482 No. - 17391 of 2019 Applicant :- Rakesh Yadav Opposite Party :- State Of Up And Another Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned AGA in opposition.
This application under Section 482 Cr.P.C. has been filed for quashment of impugned order dated 6.6.2015 passed by the court of A.C.J.M., court no.1, Mathura in Case no.2338/IX of 2010, under Sections 7/16 Prevention of Food Adulteration Act, 1954, P.S. Sadar Bazar, District Mathura.
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 their 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 recall of the non- bailable warrant/bail, the same shall be heard and disposed of by the courts below, if conveniently on the same, in accordance with law.
Till the period of two weeks' from today no coercive action shall be taken against the applicant. It is made clear that in case no such application is moved within the time prescribed, the trial court would be at liberty to proceed further with the case in accordance with law.
With the above directions/observations, this application is finally disposed of.
Order Date :- 30.4.2019 Raj