Court No. - 52 Case :- APPLICATION U/S 482 No. - 20758 of 2009 Petitioner :- Lalta Prasad Respondent :- State Of U.P. And Another Petitioner Counsel :- S.P. Singh Parmar,Satish Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
This Criminal Misc. Application has been filed with a prayer to
quash the order dated 10.6.09 by which the learned Additonal
Chief Judicial Magistrate II, Jaunpur issued N.B.W. and process
of 82 Cr.P.C. under Sections 323/34, 504, 427, 379, 452, 342
I.P.C. in Complaint Case No.166/09.
Heard learned counsel for the applicant, learned AGA and
perused the record.
Learned counsel for the applicant submitted that since the report
was lodged by family members of the applicant regarding the
incident dated 24.3.08 and the charge sheet has been submitted.
Thereafter in counter blast the complaint was made by opposite
party no.2. He further contended that the applicant was living at
Saudi Arabia and at that time he was at home. Thereafter again
he left for Saudia Arabia in connection with the job. However, the
summon was issued against the applicant and another co-
accused and now by order dated 10.6.09 the non bailable
warrant as well as the direction for issuing the proceeding under
Section 82 Cr.P.C. was passed.
Learned counsel for the applicant further submitted that the
applicant may be permitted to appear through counsel till he
obtain visa to return from Saudia Arabia by the Month of
June,2010.
The aforesaid prayer was opposed by learned AGA on the
ground that for a such long period the applicant is not entitled
exemption of presence. The applicant should have applied visa if
he was aware regarding proceeding.
In view of the above no interference is required.
However, in the interest of justice the applicant is permitted to
appear before the court through counsel upto 31.4.2010.
Thereafter If he fails to appear before the court, the court below
will be free to take suitable action in accordance with law to
ensure his presence.
In view of the above, this application is finally disposed off.
Order Date :- 13.1.2010
Rk