Balram Singh Yadav vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 9243 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 5141 of 2022
 

 
Applicant :- Balram Singh Yadav
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko. And Another
 
Counsel for Applicant :- Bharat Kumar Dixit
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ajai Kumar Srivastava-I,J.

Heard learned counsel for the applicant and the learned A.G.A for the State.

The instant application under Section 482 Cr.P.C. has been filed by the applicant for quashing the impugned order dated 23.06.2022 as well as order dated 27.07.2022, both passed by learned Judicial Magistrate/Additional Civil Judge (J.D.), Vth, District Rai bareli in Complaint Case No.64 of 2013 "Neeraj Bajpai vs. Balram Singh", under Section 138 of Negotiable Instruments Act, Police Station Kotwali Nagar, District Raebareli.

At the outset, learned counsel for the applicant has submitted that the interest of justice would be sufficiently met, in case applicant is permitted to appear before the learned trial Court seeking recall/cancellation of process issued against him under Section 82 Cr.P.C.

Learned A.G.A. has not opposed the aforesaid prayer made by learned counsel for the applicant.

Having heard learned counsel for the parties and upon perusal of the record, it is relevant to quote Category A as mentioned in the judgment rendered by Hon'ble the Apex Court in the case of Satender Kumar Antill Vs. Central Bureau of Investigation and others : MANU/ SC/ 1024/ 2021 which is quoted herein below :

"After filing of charge sheet/complaint taking of cognizance.

a) Ordinary summons at the 1st instance/including permitting appearance through Lawyer.

b) If such an accused does not appear despite service of summons, then Bailable Warrant for physical appearance may be issued.

c) NBW on failure to failure to appear despite issuance of Bailable Warrant.

d) NBW may be cancelled or converted into a Bailable Warrant/Summons without insisting physical appearance of accused, if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing.

e) Bail applications of such accused on appearance may be decided w/o the accused being taken in physical custody or by granting interim bail till the bail application is decided."

Thus, in view of the aforesaid, if the applicant appears before the court below and applies for recall/cancellation of process issued against him under Section 82 Cr.P.C., the court below shall consider and decide the same expeditiously, in accordance with law laid down by Hon'ble the Apex Court in the case of Satender Kumar Antill (Supra).

With the aforesaid observations, the instant application under Section 482 Cr.P.C. is finally disposed of.

Order Date :- 4.8.2022

Mahesh