Court No. - 48
Case :- APPLICATION U/S 482 No. - 27856 of 2018 Applicant :- Suresh Vishwakarma And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Yogendra Nath Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants as well as learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of case no. 1605 of 2017 (Dinesh Kumar Vishwakarma Vs. Suresh Vishwakarma and others) under Section 323, 504, 452 IPC, P.S. Kapsethi, District Varanasi pending in the Court of Addl. Chief Judicial Magistrate, Court No.2, Varanasi as well as bailable warrant dated 6.7.2018 passed by the court concerned. Further prayer has been made to stay the proceedings of the aforesaid case.
Learned counsel for the applicants contended that non-bailable warrants have been issued against the applicants. The reasons on account of which the applicants failed to appear before the trial court were beyond their control and the applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.
Learned A.G.A. appearing for the State opposed the prayer.
Non-bailable warrant was issued when the applicants did not appear before the court concerned despite service of summon. Issuance of non- bailable warrant is within the jurisdiction of the court concerned.
Learned A.G.A. appearing for the State opposed the prayer.
Having regard to the facts and circumstances of the case, after perusing the impugned order as well as the material brought on record and having considered the submissions made by the learned counsel for the parties, I do not find any good ground to quash the impugned order. The prayer made in the application is refused.
However, the application is disposed of with a direction to the applicants to surrender before the court below within 30 days from today. For a period of thirty days from today, effect and operation of non-bailable warrant issued against the applicants shall be kept in abeyance.
In case of default, the Court below will be at liberty to take all coercive steps against the applicants for ensuring their appearance.
With the aforesaid observations, the application is disposed of.
Order Date :- 30.1.2019 ss