Court No. - 49
Case :- APPLICATION U/S 482 No. - 11165 of 2021 Applicant :- Sandeep And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. None for the applicants to seek any adjournment or pass over the case. Sri Anup Upadhyaya, learned counsel for the respondent.
2. Sri Upadhyay submits that petitioner is deliberately not appearing before the Court. It is pointed out that this application has been filed as NBW have been issued against the applicants arising out of Case Crime No. 52/2019, police station - Jasarathpur, District Etah under the provisions of Sections 147, 148, 149, 323, 336, 506, 308, 452 IPC pending in the court of learned Additional Civil Judge (JD)/J.M., Court No. 2, Etah.
3. Sri Upadhyaya further submits that earlier application under section 482 No. 33489 of 2019 was filed seeking quashing of the charge sheet, in that case accused-applicants were granted liberty to surrender before the court below and move an application for bail within two weeks from the date of the order and court below was directed to consider the same and decide it in accordance with law. Before that Criminal Misc. Writ Petition No. 10455 of 2019 was filed before a Division Bench of this Court seeking quashing of the impugned FIR and in that writ petition relief sought was denied and the Court granted 60 days time to the petitioners to surrender. After expiry of 60 days time, as mentioned above, application under section 482 Cr.P.C. No. 33489 of 2019 was preferred, in which again two weeks time was granted to the petitioners/accused persons to surrender and then NBW has been issued, when petitioners have again approached this court misusing the process of this Court.
4. After hearing Sri Upadhyay and perusing the record, it is evident that petitioners are deliberately not appearing before the Court after being granted liberty twice firstly by Division Bench of this Court and thereafter by a coordinate Bench of this Court to surrender and obtain bail.
5. In view of such, issuance of NBW by the court concerned cannot be faulted with. The application fails and is dismissed.
Order Date :- 28.7.2021/S.K.S.