Court No. - 71
Case :- APPLICATION U/S 482 No. - 2802 of 2019 Applicant :- Sunil Kumar Misra And 02 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Manoj Kumar Pandey,Shailendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,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 entire proceeding including the impugned order dated 15.3.2017 issuing NBW and proceeding under section 82/83 Cr.P.C. against the applicants by the Additional Session Judge, Court No.5 Ballia in G.T. No. 109 of 2012 (State Vs. Surendra Kumar and others) arising out of Case Crime No. 7 of 2011 under sections 2/3(10 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 P.S. Sukhpura District Ballia.
Learned counsel for the applicants contends that earlier the applicants had been granted bail by the competent court and thereafter they could not appear before the trial court. Hence non-bailable warrants have been issued against them. He further submits that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and that the applicants have every intention to appear before the court concerned and participate in the trial.
Considered the submissions made by the learned counsel for the applicants 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 following direction:
(i) the applicants shall move an application to cancel the non-bailable warrant issued against them before the court below within three weeks from today along with the certified copy of this order;
(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non-bailable warrants issued against the applicants or to direct the applicants to file fresh bail bonds within a further period of one week, thereafter;
(iii) for a period of six weeks from today, non- bailable warrants issued against the applicants shall be kept in abeyance.
In the event of failure, on part of the applicants to act within time as directed above, the Court below may adopt all coercive measures to ensure their appearance.
Order Date :- 25.1.2019 Atul kr. sri.