Shiv Prakash Ojha v. State of U.P

Court No. - 91 Case :- APPLICATION U/S 482 No. - 41095 of 2023 Applicant :- Shiv Prakash Ojha Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Tripathi,Rajeev Kumar 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 non-bailable warrant dated 03.08.2021 as well as process under Section 82 Cr.P.C. and entire proceeding of Case No.4592 of 2016, under Section 138 of N.I. Act, P.S. Sikandra, 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 before the trial court for cancellation of N.B.W. and process u/s 82 Cr.P.C., which shall be heard 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 as well as process under Section 82 Cr.P.C. shall be kept in abeyance.

¶7With the aforesaid observations, the application is disposed of. Order Date :- 7.11.2023//Sanjeet High Court of Judicature at Allahabad