Court No. - 53
Case :- APPLICATION U/S 482 No. - 13840 of 2018 Applicant :- Sudarshan Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bhaiya Ghanshyam Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This application has been filed seeking to a direction to quash the order of NBW dated 27.06.2017 of Case No. 943 of 2014 arising out of Case Crime No. 199 of 2014 under Section 147, 148, 149, 452, 323, 504, 506, 325, 308 IPC and Section 3(1) (X) SC/ST Act P.S. Bairiya, District Ballia pending in the court of 2nd Additional District & Sessions Judge, Ballia, otherwise the applicant will suffer irreparable loss and injury.
Heard Sri Bhaiya Ghanshyam Singh, learned counsel for the applicant and Sri Shaqib Meezan, learned AGA appearing for the State.
At the outset, it has been pointed out by the learned AGA that earlier the applicant had filed an application under Section 482 No. 48233 of 2014 seeking to quash the charge sheet arising out of present crime. In the said case, this Court declined to quash the charge sheet but provided that in case applicant appears and surrenders before the court below within four weeks from date of the order passed in that case which is an order dated 24.11.2014 and applies for bail, their bail application shall be considered and decided in accordance with law after hearing the state.
The NBW now sought to be quashed is only a process which is not a substantive order nor has it been challenged on any substantive ground.
It appears that pursuant to the said order, the applicants have not appeared. A period of almost three and a half years has gone by. The applicants now faced with coercive processes have come back to Court to seek a second indulgence. The offences charged are serious including one under Section 308 IPC besides Section 3(1)(X) SC/ST Act. This Court does not find any good ground to grant a second indulgence to the applicants to appear and seek bail protected by some direction of this Court.
In the result, this Application fails and is dismissed in limini.
Order Date :- 24.4.2018 Deepak