Application under Section 482 Cr.P.C. considered in view of interim order requiring applicant to approach the court below. Court held no fresh coercive direction warranted given existing non-bailable warrant and disposed of the application.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 35065 of 2019
Applicant :- Ram Kishan Opposite Party :- State Of U.P. And 2 Othes Counsel for Applicant :- Durga Prasad Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application has been filed by the applicant under Section 482 Cr.P.C. for directing the Additional Chief Judicial Magistrate-II, Gautam Budh Nagar to decide case no. 2045 of 2005 (Ram Kishan Vs. Ajay Kumar Mishra and another), under Sections 506, 504, 500 IPC, Police Station Kasna, district Gautam Budh Nagar.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
Applicant earlier approached this Court by moving Application U/S 482 No. 3596 of 2018. The said application was disposed of on 6.2.2018 with the direction to the applicant to move appropriate application before the court below.
As has been directed, applicant moved an application before the court below in compliance of the order aforesaid, the court concerned has issued non bailable warrant against the accused persons.
If such is the position, fresh direction for issuing coercive process against the accused persons cannot be given in the present matter. However, court below is expected to look into the matter and if needed, other coercive process may be adhered-to for ensuring presence of the accused.
With the above observations, the application stands disposed of. Order Date :- 27.9.2019
Sachdeva
Ram Kishan
Om Prakash-VII
As recorded by the court registry
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