Court No. - 49
Case :- APPLICATION U/S 482 No. - 42485 of 2018 Applicant :- Sanjay And 2 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Dheeraj Singh (Bohra) Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Heard Sri Dheeraj Singh Bohra, learned counsel for the applicants and Sri Sanjay Sharma, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the N.B.W. order dated 16.10.2018 and its consequential order passed by the learned Additional and Sessions Judge, FTC-II, Gautam Budhha Nagar in S.T. No.254 of 2017 (State Vs. Sanjay and others) arising out of Case Case Crime No. 465 of 2016, under Sections- 307, 504, 506 I.P.C., Police Station- Bisrakh, District- Gautam Budhha Nagar.
Learned counsel for the applicants submits that the applicants could not appear before the trial court on 16.10.2018 due to some urgent work and NBW was issued against them. He further submits that the applicants are ready to appear before the trial court within 15 days from today.
Learned A.G.A. for the State has opposed the prayer for quashing the order dated 16.10.2018.
I have carefully considered the submissions made by learned counsel for applicants as well as learned AGA for the State. I have also gone through the material available on record.
Considering the facts and circumstances of the case and submissions made by learned counsel for the applicants, I do not find any ground to quash the order dated 16.10.2018 and the prayer is declined.
However, the applicants are directed to appear and surrender before the learned court concerned within 15 days from today in the aforementioned case and move an appropriate application for bail. The learned trial court will consider the said application, in accordance with law, as expeditiously as possible. No coercive steps shall be taken against the applicants in the aforesaid case for a period of 15 days or till the application filed by the applicants is decided, whichever is earlier. In case, the applicants fail to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
(V.P. Vaish, J.) Order Date :- 28.11.2018 Vivek Kr.