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Abhishek Rai vs State Of U.P.And Another on 23 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 78

Case :- APPLICATION U/S 482 No. – 2220 of 2020

Applicant :- Abhishek Rai

Opposite Party :- State Of U.P.And Another

Counsel for Applicant :- S.M.Faraz I. Kazmi

Counsel for Opposite Party :- G.A.

Hon’ble Om Prakash-VII,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed for quashing the non-bailable warrant dated 22.11.2019 issued by Special Judge, POCSO Act in Case No. 304 of 2018, under Section 377 IPC and Section 5/6 POCSO Act arising out of case crime no. 783 of 2018, Police Station Modinagar, District Ghaziabad.

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

Learned AGA appearing for the State opposed the prayer.

Having regard to the facts and circumstances of the case, after perusing the impugned order as well as the materials brought on record and having considered the submissions made by the learned counsel for the parties, I do not find any good ground to quash the impugned order. The prayer made in the application is refused.

However, without expressing any opinion on the merits of the case, the application is disposed of with a direction to the applicant to surrender before the court below within 30 days from today. For a period of 30 days from today, effect and operation of non-bailable warrant issued against the applicant shall be kept in abeyance.

In case of default, the Court below will be at liberty to take all coercive steps against the applicant for ensuring his/ her appearance.

With the aforesaid observations, the application is disposed of.

Order Date :- 23.1.2020

Sanjeet

 

 

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