Court No. - 7
Case :- APPLICATION U/S 482 No. - 21785 of 2019 Applicant :- Swarn Singh And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Mayank Counsel for Opposite Party :- G.A.
Hon'ble Pritinker Diwaker,J.
Heard Sri Mayank, learned counsel for the applicants and Sri Amit Sinha, learned A.G.A. for the respondents.
Learned counsel for the applicants submits that assailing the charge sheet, applicants have filed Criminal Misc. Application u/s 482 Cr. P.C. No. 29202 of 2007 before this Court in which an interim order was passed in their favour. The said application remained pending till 22.03.2017, when the same was dismissed for want of prosecution. The applicants were never aware about the dismissal of the application till 18.05.2019 when the police came to arrest them. Later, the applicants came to know that on 3.5.2019, non-bailable warrants were issued against them.
Limited prayer of the applicants is that they be directed to surrender before the trial court but till then some protection may be given to them. It has been further argued that the trial court be directed to decide the application to be filed by the applicants on the same day or latest by next date.
State counsel has no objection to this proposition.
This application is disposed of permitting the applicants to appear before the court below on or before 17.06.2009. Till 17.06.2019, no coercive steps shall be taken against the applicant. It is further directed that in the eventuality of filing appropriate application by the applicants, the trial court shall decide the same on the same day or at least by the next date strictly in accordance with law.
Order Date :- 30.5.2019 nethra