NASRAT Vs. STATE OF U.P.
LAWS(ALL)-2021-1-173
HIGH COURT OF ALLAHABAD
Decided on January 13,2021

Nasrat Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Dinesh Kumar Singh-I,J. - (1.) Heard Sri Irshad Husain, learned counsel for the applicants, Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record. This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge-sheet dated 31.01.2008 passed by Additional District and Sessions Judge, Hapur and order dated 29.5.2017 issuing NBW against the applicant in S.T. No. 680 of 2008 (State vs. Isha and others) arising out of Case Crime No. 06 of 2007 under sections 302, 120-B IPC, Police Station Dhaulana, District Ghaziabad and also prayed that the non-bailable warrant dated 29.05.2017 may be kept in abeyance till the disposal of this application. It is argued by the learned counsel for the applicants that charge-sheet in this case was submitted in the year 2008 and thereafter they got themselves bailed out on 26.7.2012 by the Court of Sessions Judge, Ghaziabad, copy of the same is annexed at page-34 of the paper book and since thereafter they could not have any intimation of the date of hearing before the Court and as a result of which they could not appear before court below and NBW has been issued against them in the year 2017 for the first time and when the co-accused Mahmood was arrested then they came to know that they were being summoned by the Court to face trial. They did not make any deliberate absence from the Court, therefore, impugned NBW should be quashed. Learned A.G.A. has vehemently opposed the prayer for quashing the NBW issued against the applicant. I have gone through the record and find that it appears from the record that they are facing trial and because of absence before the Court, NBW has been issued. I do no find any ground to quash the NBW because the same has been issued by the trial court in order to procure the attendance of the applicant. The prayer for quashing the NBW is refused. The applicants shall appear before the court below within 15 days from today and may move an application for bail. If such an application is moved within the said time limit, the same would be disposed of in accordance with law. For a period of 15 days, no coercive action shall be taken against the accused-applicants in the aforesaid case. But if the accused-applicants do not appear before the court below, the court below shall take coercive steps to procure their attendance. With aforesaid direction, this application is finally disposed of.  ;


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