Manish Mittal v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 32899 of 2023 Applicant :- Manish Mittal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.,Dinesh Chandra Srivastava 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 entire proceeding of Criminal Case No.591 of 2023, arising out of Case Crime No.0211 of 2022, under Sections 409, 420, 467, 468, 471, 504, 506 IPC, Police Station Kotwali, District Ghaziabad as well as the N.B.W. + 82 Cr.P.C..

¶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 appear before the court below and move an application for cancellation of N.B.W. within a period of four weeks from today, which shall be considered and decided by the court below in accordance with law.

¶7With the aforesaid observations, the application is disposed of. Order Date :- 26.10.2023 Ashutosh High Court of Judicature at Allahabad