Shankar Lal vs State Of U.P. . And Another
2022 Latest Caselaw 19825 ALL

Citation : 2022 Latest Caselaw 19825 ALL
Judgement Date : 3 December, 2022

Allahabad High Court

Shankar Lal vs State Of U.P. . And Another on 3 December, 2022

Bench: Kaushal Jayendra Thaker




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 29155 of 2022
 

 
Applicant :- Shankar Lal
 
Opposite Party :- State Of U.P. . And Another
 
Counsel for Applicant :- Suresh Chandra Kushwaha,Niraj Kushwaha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings against the applicant in Case Crime No.581 of 1998 dated 18.11.1998 under Section 3/7 Essential Commodities Act, 1955 registered as Case No.1187 of 2000, Police Station Soraon, District Allahabad pending in the Court of A.C.J.M. Court No.2 Allahabad.

While going through the record it is clear that the this an after thought the judgment cited will not apply to the facts of this case. If the applicant is seeking benefit of any decision of Apex Court he should have approached this Court well in advance.

After the non bailable warrant is issued against the accused dated 29.7.2022, this petition is filed and after hearing the matter at length this Court is satisfied that no case is made out for quashing proceedings.

All the facts and grounds raised are such which have to be raised during examination of witnesses they cannot be quashed u/s 482 Cr.P.C. However, the Case Crime No.581 of 1998 pending against the applicant will be expedited.

A leniency is shown that for period of four weeks from today if the accused appears before the Court of Additional Chief Judicial Magistrate, Court No.2, Allahabad and request for cancellation of non-bailable warrant till then the police would not serve the non-bailable warrant if yet not served and the Court would hear the accused for cancellation of non-bailable warrant as expeditiously as possible.

Till then the non-bailable warrant which has not been served will remain stayed for four weeks from today.

The petition is dismissed being devoid of merits.

Order Date :- 3.12.2022/Mukesh