Court No. - 86
Case :- APPLICATION U/S 482 No. - 6136 of 2021 Applicant :- Shiv Kumar @ Shivam Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the NBW order dated 22.4.2016 passed by the learned Judicial Magistrate Sikandrarau, in Case No. 623 of 2014 arising out of Case Crime No. 666 of 2014, under Section 379 I.P.C. Further proceedings of aforesaid case has also been prayed to be stayed.
Learned counsel for the applicant contends that earlier the applicant had been granted bail by the competent court and thereafter he could not appear before the trial court. Hence non- bailable warrants have been issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court is that he did not know the date fixed by the learned trial Court and that the applicant has every intention to appear before the court concerned and participate in the trial.
Considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the direction that the applicant shall appear before the Court concerned on or before the next date fixed before the trial Court in the matter and move appropriate application, which will be decided by the Court concerned as expeditiously as possible in accordance with law.
With the aforesaid directions, this application stands disposed of finally.
Order Date :- 16.8.2021 S.Verma