Court No. - 1
Case :- APPLICATION U/S 482 No. - 24885 of 2018 Applicant :- Suresh And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Manish Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Manish Kumar Dwivedi, learned counsel the applicants Sri Irshad Hussain learned A.G.A. for the State and perused the record The present 482 Cr.P.C. petition has been filed for quashing the non bailable warrant dated 15.07.2017 passed by A.C.J.M. Kaushambi in Case No. 1076 of 2008 (State of Shiv Sagar and others) arising out of Case Crime No. 200 of 2008 under Sections 498A, 323 I.P.C. and 3/4 D.P. Act, police station Charwa, District Kaushambi.
Learned counsel for the applicants contended that the applicant no. 1 is jeth and applicant no. 2 is jethani of daughter of opposite party no. 2. He further submitted that the husband of daughter of opposite party no. 2 has already been granted bail by the competent court. He next argued that 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.
After having heard the learned counsel for the applicants and perused the impugned order as well as the materials brought on record, I do not find any justification for quashing the non bailable warrant dated 15.07.2017.
However, without expressing any opinion on the merits of the case, I dispose of this application with a direction that the applicants shall surrender before the court below within two weeks from today.
For a period of two weeks from today, non-bailable warrant issued against the applicants shall be kept in abeyance.
In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicants for ensuring their appearance before it.
With the aforesaid directions, this 482 application is finally disposed of.
Order Date :- 25.7.2018 Ashok Gupta