Court No. - 48
Case :- APPLICATION U/S 482 No. - 1860 of 2019 Applicant :- Saddam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brajesh Kumar Solanki Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 12.10.2018 issuing Non Bailable Warrant in Session Trial No. 128 of 2018 under Sections 147, 148, 149/ 307, 506 IPC Police Station Kakore District Bulandshahar.
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.
Learned A.G.A. appearing for the State opposed the prayer.
Having regard to the facts and circumstances of the case, after perusing the impugned order as well as the material brought on record and having considered the submissions made by the learned counsel for the parties, I do not find any good ground to quash the impugned order. The prayer made in the application is refused.
However, the applicant is directed to surrender before the court below within 15 days from today. For a period of 15 days from today, effect and operation of non-bailable warrant issued against the applicant shall be kept in abeyance.
In case of default, the Court below will be at liberty to take all coercive steps against the applicant for ensuring his appearance.
With the aforesaid observations, the application is disposed of.
Order Date :- 29.1.2019 Nadeem Ahmad