Satyaprakash v. State of U.P. and 2 Others

Court No. - 91 Case :- APPLICATION U/S 482 No. - 41900 of 2023 Applicant :- Satyaprakash Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Laxmi Kant Bhatt 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 17.07.1993 and cognizance order dated 21.09.1993 in Case Crime No.262 of 1993, under Section 39/40 Electricity Act, Police Station Pilkhua, District Hapur.

¶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 the NBW/bail before the court below within four weeks from today. 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 :- 16.11.2023 A.N. Mishra High Court of Judicature at Allahabad