Court No. - 78
Case :- APPLICATION U/S 482 No. - 16181 of 2020 Applicant :- Shiv Ji Verma @ Umesh Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by applicant to allow this application and quash the Order of Non Bailable Warrant dated 13.05.2015 issued by Additional Session Judge/POCSO-I, Gyanpur (Bhadohi) in S.T. No. 01 of 2014 (State versus Shiv Ji Verma alias Umesh Verma), arising out of Case Crime No. 197 of 2014, under Sections 363, 366 of I.P.C. and Section 3/4 of the Protection of Children from Sexual Offence Act, Police Station-Aurai, District- Sant Ravi Nagar (Bhadohi) pending in the Court of Additional Sessions Judge/POCSO-I, Gyanpur (Bhadohi).
Learned counsel for the applicant submits that in this case he was on bail and lastly attended the Court concerned on 15.11.2014. After that his personal exemption application was moved by his counsel before the Court on fixed dates. He went to the state of Gujarat for the purpose of job and due to communication gap on 13.05.2015, neither he could attend the Court nor his exemption application was moved by his counsel before the Court. On 13.05.2015, non-bailable warrant has been issued against him. Since then, non-bailable warrant is continuously going on. His non-appearance before the Court on fixed dates 15.11.2014 and on subsequent dates was bona fide and not intentional.
Learned A.G.A. opposed the prayer and submitted that there is no illegality in order dated 13.05.2015 which has been passed due to non-appearance of the applicant before the Court.
Impugned order of non-bailable warrant has been passed against the applicant due to non-appearance of the applicant before the Court concerned. Learned counsel for the applicant could not point out any illegality or good ground which may warrant interference by this Court under Section 482 Cr.P.C. for setting aside the impugned order. However, applicant may approach to the Court concerned for appropriate order in this matter.
Prayer to quash the impugned order to issue non-bailable warrant is hereby refused.
Accordingly, the instant application u/s 482 is rejected.
Order Date :- 25.1.2021 Sachin