Court No. - 11
Case :- APPLICATION U/S 482 No. - 13941 of 2018 Applicant :- Vilesh Kumar And 2 Others Opposite Party :- State Of U.P. And Anothre Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicants and learned A.G.A.
The present application under section 482 Criminal Procedure Code of 1973 has been filed for quashing the order dated 18.1.2018 passed by Additional Sessions Judge, Court No.1, Firozabad in S.T No.482 of 2016 (State versus Vijaypal & Chhote and others) arising out of Case Crime No.1040 of 2015, under sections 147, 148, 307/149, 452, 504 I.P.C Police Station Shikohabad District Firozabad.
Previously also the applicant had filed Criminal Revision No.3153 of 2017 challenging the order dated 12.09.2017 passed by the Trial Court whereby the applicants were summoned to face trial in the above mentioned case. However, the said revision was disposed of by this Court permitting the applicants to surrender before the Court below and apply for bail within two months from the date of the order vide its order dated 2.11.2017. Dissatisfied with the order dated 2.11.2017, the applicant filed a Special Leave to Appeal (Crl.) No.1857 of 2018 which was dismissed by the Hon'ble Supreme Court vide its order dated 2.4.2018. Consequently, the proceedings and the trial continued. However, the applicants did not appear before the Trial Court and therefore, the Trial Court vide its order dated 18.1.2018 has issued a non bailable warrant against the applicants. The order dated 18.1.2018 has been challenged in the present application.
No sufficient reasons have been stated by the applicants and no grounds have been made out for quashing the order 18.1.2018 and therefore, the prayer regarding the same is rejected. However, in the interest of justice, and as a last opportunity, it is directed that that the applicants shall appear and surrender before the Trial Court within two weeks from today and apply for bail which shall be considered by Trial Court in accordance with law. In case the applicants do not appear within the time prescribed, the Trial Court shall take coercive action to ensure the presence of the applicants.
The application is accordingly disposed of.
Order Date :- 27.4.2018 IB