Court No. - 66
Case :- APPLICATION U/S 482 No. - 42830 of 2019 Applicant :- Vinod Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwakar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order issuing Non-bailable Warrant dated 8.10.2018 passed by Additional District Judge/F.T.C., Court No.1, Aligarh in S.T. No.100 of 2014 (State of U.P. vs. Vinod Kumar), arising out of Case Crime No.259 of 2011, under Sections 363, 366, 376 I.P.C., P.S. Gangiri, District- Aligarh as well as the entire proceedings.
I may record that the applicant is facing trial in Case Crime No.259 of 2011 and the charge-sheet was filed in the year 2011 of 2012. The sessions trial is also pending for the past so many years. It is stated that the applicant is on bail and he could not appear on 8.10.2018 and non-bailable warrant has been issued against him. However, the order-sheet reflects that even on subsequent dates the applicant remained absent and continuously non-bailable warrants have been issued against him. In view of it, I do not find any good ground to quash the impugned order issuing non-bailable warrant against the applicant.
The prayer for quashing the order impugned as well as the entire proceedings is hereby refused.
However, it is provided that if the applicant file an application for recalling of the non-bailable-warrant issued against him within a period of three weeks from today, the said application shall be considered and disposed expeditiously in accordance with law.
For a period of three weeks, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations, the present application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 26.11.2019 Vikas