Court No. - 11
Case :- APPLICATION U/S 482 No. - 42868 of 2018 Applicant :- Satish Kumar Khanna Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Lalit Kumar Srivastava Counsel for Opposite Party :- G.A.,Baleshwar Chaturvedi
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 charge-sheet as well as the entire proceeding of criminal case no.195 of 2006 arising out of case crime no.280 of 2006 under Section 135 Electricity Act, P.S. New Agra, District Agra pending in the Court of Special Judge, E.C. Act, Agra.
Learned counsel for the applicants contended that non-bailable warrant has been issued against the applicant. 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 charge-sheet. The prayer made in the application is refused.
However, without expressing any opinion on the merits of the case, the application is disposed of with a direction to the applicant to surrender before the Court below within 30 days from today.0 For a period of 30 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/her appearance.
With the aforesaid observations, the application is disposed of.
Order Date :- 30.11.2018 ss