Chandrapal vs State Of U.P. And Another
2022 Latest Caselaw 19460 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 26243 of 2022
 

 
Applicant :- Chandrapal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Nasiruzzaman,Mohit Kumar Jaiswal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri Mohit Kumar Jaiswal, learned counsel for applicant and learned AGA for State.

2. The present application under Section 482 Cr.P.C. has been filed for quashing of summoning order dated 24.09.2012, non-bailable warrant dated 08.07.2022 as well as entire proceedings of Complaint Case No. 1954 of 2010, under Sections 323, 504, 506, 324, 307 IPC, Police Station Hapur Kotwali, District Hapur.

3. Learned counsel for applicant, after arguing for some time, on instruction, submits that applicant seeks some time to appear before Trial Court and requested that non-bailable warrant issued against him be kept in abeyance for a period of one week from today.

4. Learned A.G.A. appearing for State has no objection against the aforesaid prayer.

5. Accordingly the prayers made in this application are rejected. However, considering the undertaking given by applicant, the non-bailable warrant issued against him is kept in abeyance for a period of one week from today, as a one time measure. Meanwhile, applicant shall surrender before Trial Court and file appropriate application and Trial Court is directed to decide the same in terms of the 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.

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

Order Date :- 1.12.2022/AK

(Sl. No. 16 out of 350 fresh cases)