Rajendra Prasad Gupta And Another vs State Of U.P. And Another
2022 Latest Caselaw 19321 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Reserved on 22.11.2022
 
Delivered on 01.12.2022
 
Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 18890 of 2022
 

 
Applicant :- Rajendra Prasad Gupta And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Dileep Kumar Yadava
 
Counsel for Opposite Party :- G.A.,Vivek Kumar Singh
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Brief facts of the present case are that, in pursuance of a FIR lodged against applicants investigation was conducted and thereafter charge sheet was submitted whereon cognizance was taken on 03.08.2021 and applicants were summoned. In these circumstances, applicants approached this Court by way of filing an Application under Section 482 Cr.P.C. No. 22820 of 2021 and vide order dated 16.12.2021 prayer to quash proceedings was rejected but liberty was granted to applicants to file discharge application.

2. Applicants in pursuance of above order filed discharge application but the same was rejected by order dated 30.03.2022. Thereafter due to non-appearance, non-bailable warrants were issued on 25.05.2022. The present application is filed challenging only non-bailable warrants issued on 25.05.2022 against applicants.

3. Though the matter was heard on merit but as the order whereby discharge application was rejected, is not under challenge and order issuing non-bailable warrants is only under challenge, therefore, without entering into merit of the case and that applicants have given undertaking that they will appear before Trial Court within a period of two weeks from today, the non-bailable warrants issued against them are kept in abeyance for a period of two weeks from today, as a one time measure. Meanwhile, applicants are directed to surrender before Trial Court and file appropriate application or bail application in Criminal Case No. 2414 of 2021 (State vs. Rajendra Prasad Gupta and another), arising out of Case Crime No. 05 of 2021, under Sections 406, 420, 504 IPC, Police Station Line Bazar, District Jaunpur and Trial Court is directed to decide the same in terms of judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. In case of default, Trial Court is at liberty to execute non-bailable warrant in accordance with law.

4. With the aforesaid directions, this application is disposed of.

Order Date :-01.12.2022

AK