Karua @ Karu @ Dharmendra Singh and Another v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 38266 of 2023 Applicant :- Karua @ Karu @ Dharmendra Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Meraj Ahmad Khan,Ashok Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicants 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 non-bailable warrant dated 26.02.2019 in Session Trial No.552 of 2005, arising out of Case Crime No.05 of 2005, under Sections 302, 201, 394, 411 IPC, Police Station Raya, District Mathura.

¶3Learned counsel for the applicants contended that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and the applicants have 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., which shall be considered and decided in accordance with law. For a period of four weeks from today, effect and operation of non-bailable warrant issued against the applicant shall be kept in abeyance.

¶7With the aforesaid observations, the application is disposed of. Order Date :- 27.10.2023 Sanjeet High Court of Judicature at Allahabad