Sudha Devi v. State of U.P. and Another

Court No. - 45 Case :- APPLICATION U/S 482 No. - 43864 of 2023 Applicant :- Sudha Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ranvijay Kumar,Indresh Chandra Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Ranvijay Kumar, learned counsel for the applicant, learned A.G.A. for the State-respondents, and perused the record.

¶2The instant application has been preferred by the applicant with the prayer to quash the non bailable warrant dated 08.11.2023 issued by Additional Chief Judicial Magistrate, Court No. 1, District Mathura against the applicant in Criminal Case No. 498/IX/21 (Computer Case No. 5471 of 2021 arising out of Case Crime No. 034 of 2020 under Sections 323, 504, 427 and 308 I.P.C., Police Station Kotwali, District Mathura with a further prayer to stay the effect and operation of the non bailable warrant.

¶3Learned counsel for the applicant states that being aggrieved by issuance of non bailable warrant, the applicant has preferred this petition for setting aside the order dated 08.11.2023.

¶4The matter was listed before the trial court several times since

24.08.2021, i.e., on 23.09.2021, 16.10.2021, 03.12.2021,

13.12.2021, 01.01.2022, 10.01.2022, 14.01.2022, 21.02.2022,

25.02.2022, 28.02.2022, 03.03.2022, 16.08.2022, 14.04.2022,

21.04.2022, 21.04.2022, 28.04.2022, 12.05.2022, 26.05.2022,

06.07.2022, 27.07.2022, 08.08.2022, 09.09.2022, 23.09.2022,

27.09.2022, 31.10.2022, 22.12.2022, 06.12.2022, 07.01.203,

11.01.2023, 17.01.2023, 13.02.2023, 28.03.2023, 14.04.2023,

08.05.2023, 18.05.2023, 03.08.2023, 12.08.2023, 05.07.2023,

12.07.2023, 26.07.2023, 26.08.23, 27.08.2023, 28.08.2023,

06.09.2023, 15.09.2023, 21.09.2023, 19.10.2023, 08.11.2023, but neither the applicant appeared before the trial court nor filed any bail application, hence the trial court was forced to first issue bailable warrant and thereafter non bailable warrant against the applicant to secure her presence.

¶5In the foregoing facts, the present 482 Cr.P.C. application is misconceived and devoid of any merit and is, accordingly, dismissed. Order Date :- 7.12.2023 Shiraz (Vinod Diwakar, J.) High Court of Judicature at Allahabad