Ompal and 2 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 33821 of 2023 Applicant :- Ompal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Pundir,Ram Chandra Sahu Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant and the learned AGA appearing for the State.

¶2The present application has been filed by the applicant under Section 482 Cr.P.C. with the prayer to quash the orders dated 31.01.2023 & 25.08.2023 issuing non-bailable warrant in Complaint Case no.260 of 2012, under Sections 420, 467, 468, 471 IPC, Police Station Sardhana, District Meerut.

¶3A perusal of the record reveals that the summoning order was passed in accordance with law. Non-bailable warrant was issued when the applicant did not appear before the court concerned despite service of summon. Issuance of non-bailable warrant is within the jurisdiction of the court concerned.

¶4Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.

¶5Hence, it is directed that the applicant move an application for cancellation of N.B.W. within a period of 30 days from today, the same shall be considered and decided in in accordance with law. For a period of 30 days from today, effect and operation of the N.B.W. shall remain in abeyance.

¶6With the above observations, the application stands disposed of. Order Date :- 16.10.2023 Sanjeet High Court of Judicature at Allahabad