Citation : 2022 Latest Caselaw 5598 ALL
Judgement Date : 29 June, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- APPLICATION U/S 482 No. - 16943 of 2022 Applicant :- Chadra Kumar Gangwani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Kant Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard learned counsel applicant and learned A.G.A. for State.
2. The present application under Section 482 Cr.P.C. has been filed for quashing of entire proceedings of Case No. 38534 of 2017 (CNR No. UPKN040379742017) (State Vs. Chandra Kumar Gangwani), arising out of Case Crime No. 0055 of 2016, under Sections 323, 506, 332, 353, 419, 420 IPC, Police Station Armapur, District Kanpur Nagar as well as charge sheet dated 20.03.2017, supplementary charge sheet dated 24.04.2017 and cognizance order dated 10.04.2017.
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 applicant be kept in abeyance for a period of two weeks 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 two weeks from today, as a one time measure. Meanwhile, in case applicant appear and file appropriate application before Trial Court, the same shall be considered in accordance with law and in terms of judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
6. With the aforesaid directions, this application is disposed of.
Order Date :- 29.6.2022
AK
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