Vaibhav Chaturvedi vs State Of U.P. And Another
2021 Latest Caselaw 1573 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 1464 of 2021
 

 
Applicant :- Vaibhav Chaturvedi
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Grijesh Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Sri Grijesh Tiwari, learned counsel for applicant and learned AGA for State.

This application under section 482 Cr.PC has been filed challenging the order dated 23.12.2020 passed by Chief Judicial Magistrate, Sant Kabir Nagar in Case Crime No. 448 of 2020, under Sections 419, 420, 467, 468, 471 IPC, Police Station Kotwali Khalilabad, District Sant Kabir whereby non-bailable warrant has been issued against the applicant.

At the very outset, learned AGA raised a preliminary objection that the present application on behalf of accused is not maintainable as no proceedings are pending against the applicant before the court below and secondly applicant has not been summoned by the court below.

In support of aforesaid, he relies upon a judgment of this Court in the case of Simplex Infrastructures and 4 others Vs. State of U.P. and another in Criminal Misc. Application No. 14785 of 2015 decided on 27.11.2018 (reported in Laws (All) 2018 (11) 70).

On the aforesaid premise, it is asserted that present application under Section 482 Cr.P.C. is not maintainable and therefore liable to be dismissed.

When confronted with the aforesaid, learned counsel for the applicant could not over come the same.

In view of above, present application fails and liable to be dismissed.

Accordingly, it is dismissed as not maintainable with liberty to approach the appropriate Court.

Order Date :- 25.1.2021

A.Kr.