Vijay v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 40736 of 2023 Applicant :- Vijay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Moti Lal 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 N.B.W. order dated 05.07.2023 as well as 82 Cr.P.C. in Session Case No.2616 of 2022, arising out of Case Crime No.865 of 2022, under Sections 363, 366 IPC, P.S. Quarsi, District Aligarh.

¶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 N.B.W. before the court below within four weeks from today. For a period of four weeks from today, effect and operation of non-bailable warrant and process u/s 82 Cr.P.C. issued against the applicant shall be kept in abeyance.

¶7With the aforesaid observations, the application is disposed of. Order Date :- 23.11.2023 Sanjeet High Court of Judicature at Allahabad