Ujjair Ahmad And 8 Others vs State Of U.P. And Another
2015 Latest Caselaw 19 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR 
 
Court No. - 55
 

 
Case :- APPLICATION U/S 482 No. - 8449 of 2015
 

 
Applicant :- Ujjair Ahmad And 8 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ajay Kumar Upadhyay
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Harsh Kumar,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application u/s 482 Cr.P.C. has been moved for quashing of  order of NBW dated 9.11.2014 passed by Special Judge, Gangster Act, Basti in Gangster Trial No.34 of 2010 "State Vs. Ujjair Ahmad and others", arisen out of Case Crime No.22 of 2009, under Section 3(1) of U.P. Gangster Act.

Learned counsel for the applicants contends that they have no knowledge of non bailable warrants issued against them and upon getting knowledge, have approached this Court.

Learned A.G.A. has defended the impugned order and contends that the applicants are guiltfully absconding and avoiding the trial and out of 16 accused persons, only three have put in appearance before the trial court to whom the bail has been granted on 11.3.2015. It is also contended that the applicants could have approach the trial court itself and there is no sufficient ground for quashing the impugned order.

In the case of Monica Kumar vs. State of Uttar Pradesh, (2008) 8 SCC 781, the Hon'ble Apex Court has held that "inherent jurisdiction under Section 482 has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the section itself."

In view of the discussions made above, I find that learned counsel for applicants has failed to prove that exercise of inherent powers of this Court is necessary in order to prevent any abuse of process of Court or otherwise to secure the ends of justice. The application is devoid of merits and is liable to be dismissed.

The application under Section 482 Cr.P.C. is dismissed accordingly.

However, if the applicants appear before the trial court and move application for bail, the same shall be decided expeditiously, in accordance with law.

Order Date :- 18.4.2015

Kpy