Salman v. State of U.P. .And Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 32740 of 2023 Applicant :- Salman Opposite Party :- State Of U.P. .And Another Counsel for Applicant :- Vivek Kumar Yadav,Mohit Yadav Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 04.09.2008 and non-bailable warrant dated 20.09.2008 to 20.07.2023 in S.T. No.101 of 2008 arising out of Case Crime No.264 of 2007, under Sections 147, 148, 149, 307, 395, 427, 323, 336, 436, 304 IPC and Section 3/5 of Property Damage Prevention Act and Section 7 Criminal Law Amendment Act, Police Station Nai Ki Mandi, District Agra.

¶3Learned 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.

¶4Learned AGA appearing for the State opposed the prayer.

¶5Having 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, the prayer made in the application is refused.

¶6However, without expressing any opinion on the merits of the case, the application is disposed of with a direction to the applicant to move an application for cancellation of N.B.W. before the court below within 30 days from today, which shall be considered and decided in accordance with law. For a period of 30 days from today, effect and operation of non-bailable warrant issued against the applicant shall be kept in abeyance.

¶7In case of default, the Court below will be at liberty to take all coercive steps against the applicant for ensuring his/ her appearance.

¶8With the aforesaid observations, the application is disposed of. Order Date :- 16.10.2023//Sanjeet High Court of Judicature at Allahabad