Court No. - 48
Case :- APPLICATION U/S 482 No. - 10382 of 2018 Applicant :- Super Lab Through Its Prop. Ashish Malhotra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 of Cr.P.C. has been filed by the applicant with the prayer to direct the learned A.C.M.M., Court No. Ist, Kanpur Nagar to ensure the compliance of the order dated 4.9.2015 by which he issued non bailable warrant against the opposite party no. 2 in Case No. 3343 of 2014, Super Lab Proprietor Asish Malhotra vs. Prism India Digital Equipment Ltd. and others, under Sections 406, 420 I.P.C., P.S.- Kotwali Kanpur Nagar, District- Kanpur Nagar, pending in the court of A.C.M.M.-Ist, Kanpur Nagar.
Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record.
Submission of learned counsel for the applicant is that the accused are not appearing in the court and that is why the proceedings are held up and a direction in this regard has been sought.
In the absence of complete record this Court is not in a position to ensure the correct factual position and the reasons as to why the trial is not being proceeded with and the reasons as to why the accused are not appearing in the court. Suffice it to observe that if the accused are required to be brought in the court, it is not a helpless entity and it has all the powers to ensure and procure the attendance of the accused. In appropriate cases stern coercive measures may be adopted by the court and communication with top administrative heads may also be made. The court concerned is required to look into the matter and do the needful in accordance with law at the earliest.
With the aforesaid observations, this application stands disposed off.
Order Date :- 30.3.2018 Naresh