YOGI @ YOGESH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS application under Section-482 Cr. P. C. has been filed by the applicants challenging the order dated 18.10.2012 passed by learned Additional District and Sessions Judge, Court No.15, Ghaziabad Session Trial No.346 of 2009 (State Vs. Yogi @ Yogesh and others) arising out of case crime no.281 of 2001, under Sections 147,148,149,307,332,353,342,336 IPC and 7 Criminal Law Amendment Act whereby Non Bailable Warrants have been issued against the applicants for ensuring their appearance on 1.11.2012. After having heard the learned counsel for the applicants the prayer for quashing the impugned order is refused as the applicants have failed to appear before the court below in response to the summons and warrants issued against them. Since the applicants have remained absent for several dates, there is no ground to interfere with the order impugned.

(2.) IT is well settled that the inherent powers under Section 482 can be exercised only when no other remedy is available to the litigants and not in a situation where a specific remedy is provided by the statute. It cannot be used if it is inconsistent with specific provisions provided under the Code. If an effective alternative remedy is available, this Court will not exercise its powers under this section, specially when the applicants may not have availed of that remedy.