Sanjai Singh vs State Of U.P. And Another
2015 Latest Caselaw 2852 ALL

Citation : 2015 Latest Caselaw 2852 ALL
Judgement Date : 1 October, 2015

Allahabad High Court

Sanjai Singh vs State Of U.P. And Another on 1 October, 2015

Bench: Ramesh Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 29571 of 2015
 
Applicant :- Sanjai Singh
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Neeraj Kumar Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Neeraj Kumar Mishra, learned counsel the applicant and Sri Vikash Rana, learned A.G.A. appearing for the State and perused the record.

The present 482 Cr.P.C. application has been filed for quashing the impugned non-bailable-warrant dated 01.08.2011, issued against the applicant in Case No. 3815/IX/2004 (State Vs. Dharmendra and others), arising out of Case Crime No. 197 of 2004, under Sections 394, 201, 302, 411 IPC, Police Station Vrindawan, District Mathura, and further prayed for stay the proceeding of the aforesaid case.

Learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court were beyond their control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.

After having heard the learned counsel for the applicant and perused the impugned order as well as the materials brought on record, I do not find any justification for quashing the non-bailable-warrant dated 07.08.2015.

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 the applicant shall surrender before the court below within two weeks from today and the court below shall proceed in accordance with law.

For a period of two weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.

In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicants for ensuring his appearance before it.

The trial court is directed to expedite the trial and conclude the same expeditiously, preferably within a period of six months, from today, if there is no legal impediment.

Order Date :- 1.10.2015

VKG