Court No. - 49
Case :- APPLICATION U/S 482 No. - 42702 of 2018 Applicant :- Satish And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Prakash Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Heard Sri Anand Prakash Dubey, learned counsel for the applicants and Sri M.K. Singh, learned A.G.A. for the State.
The present application under Section 482 of Cr.P.C. has been filed to quash the entire proceedings of Case No.534 of 2014 (State Versus Satish and others) registered with Case Crime No.220 of 2009, under Sections 279, 298, 323, 324, 351, 354, 442, 504, 506, 509 IPC and Section 3(1) (10) SC/ST Act, Police Station- Partapur, District- Hapur.
Learned counsel for the applicants submit that applicants have been falsely implicated in this case and no offence has been made out against the applicants. Learned counsel for the applicants further submits that applicants have settled the matter with opposite party no.2 and compromise deed has been executed. Learned counsel further submits that non-bailable warrants have been issued against the applicants and, therefore, the applicants are not in a position to appear before the trial court and he confines the present application for cancellation of non-bailable warrants. Learned counsel further submits that applicants will appear before the trail court within a period of 30 days from today and move an appropriate application for cancellation of non-bailable warrants.
Learned A.G.A. has opposed the application by submitting that the applicants did not appear before the trial court and non- bailable warrants have been issued against the applicants and there is no ground to quash the entire proceeding of the said case.
Having considered the facts and circumstances of the case and the allegations against the applicants, there is no ground to quash the entire proceeding of the said case.
However, in view of the submissions made by the learned counsel for the applicants, it is directed that the applicants shall appear before the trial court within 30 days and move an appropriate application for cancellation of non-bailable warrants and for grant of bail.
In case, the applicants fail to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.
The original compromise deed (annexure 4) and certified copy of the order-sheet be returned to the applicants after retaining photocopy, as per rules.
With the aforesaid directions, the application under section 482 Cr.P.C. stands disposed of.
(Ved Prakash Vaish, J.) Order Date :- 30.11.2018 Radhika