Smt. Indu Devi And Another vs State Of U.P. And Another
2016 Latest Caselaw 4846 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 22229 of 2016
 

 
Applicant :- Smt. Indu Devi And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Narendra Deo Shukla,Amit Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Abhai Kumar, J.

This petition has been moved to quash the N.B.W order dated 10.06.2016 passed by A.C.J.M. Bhadohi, in Criminal Case No. 2452 of 2007 ? (State Vs. Duanni alias Virendra & ors.), under Section 3/7 of Essential Commodities Act, pending in the Court of A.C.J.M, Bhadohi-Gyanpur.

It is further prayed to stay the effect and operation of the N.B.W order dated 10.06.2016 as referred above. It is submitted by learned counsel that arrest of the applicant was stayed till the submission of the charge-sheet and now without any service upon the applicant, N.B.W order was issued, whereas copy of the order-sheet that has been filed shows that charge-sheet was submitted in the year 2007 and since then applicant is not appearing before the Court.

In the circumstances, it is ordered that in case within fifteen days from today if the applicant appears before the court concerned and moves an application for recall of the N.B.W, the same may be disposed of after giving an opportunity of being heard to the parties and such application will be decided as per law prescribed and during the consideration of that application, it will be considered by the court whether any service upon the applicant regarding summon or N.B.W have been done or not and due weightage will be given to that. 

Till the disposal of such application no coercive action will be taken against the applicant, he will be allowed to appear before the court either personally or through his counsel during this period.

Accordingly, matter is disposed off.

Order Date :- 03.08.2016.

Vinod.