Court No. - 79
Case :- APPLICATION U/S 482 No. - 43097 of 2019 Applicant :- Tapendra Giri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ishan Deo Giri Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel the applicant and learned A.G.A. for the State and perused the record The present 482 Cr.P.C. petition has been filed for quashing the order dated 24.10.2019 passed by learned Chief Judicial Magistrate, Gautam Budh Nagar, under Sections 323, 504, 506 and 354 I.P.C., P.S. Sector-58 Noida, district-Gautam Budh Nagar, by which the non-bailable warrant has been issued against the applicant as well as the entire proceedings.
Learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court on several dates after being enlarged on bail, were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.
After having considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record, without expressing any opinion on the merits of the case, I dispose of this application with a direction that in case the applicant moves an application with the prayer for cancelling the non- bailable warrant issued against him before the court below within two weeks from today along with the certified copy of this order, in that case the concerned court shall pass appropriate order.
Order Date :- 28.11.2019 Faridul