Vinay Kumar v. State of U.P. and 2 Others

Court No. - 91 Case :- APPLICATION U/S 482 No. - 38159 of 2023 Applicant :- Vinay Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ganga Prasad Gupta 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 25.02.2020 in Case Crime No.0020 of 2016, under Sections 420, 120-B, 406, 504, 506 IPC, Police Station Biharigarh, District Saharanpur.

¶3Learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court were beyond their 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 off 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 off. Order Date :- 1.11.2023 Ashutosh High Court of Judicature at Allahabad