C528/262/2024
2026 Latest Caselaw 2936 UK

Uttarakhand High Court

C528/262/2024 on 10 April, 2026

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                               C-528 No.262 of 2024


                               Hon'ble Alok Mahra, J.

Mr. Ramji Shrivastva alongwith Mr. Nikhil Singhal, learned counsel for the applicant.

2. Mr. Pradeep Lohani, learned Brief Holder for the State.

3. Present C-528 application has been filed seeking quashing of the impugned charge-sheet as well as the summoning order dated 23.09.2022 passed by the learned Additional Chief Judicial Magistrate, Haridwar in Case No. 960 of 2023 (Old Case No. 4741 of 2022), arising out of offences under Sections 434, 441 and 447 I.P.C., presently pending before the court of learned Additional Chief Judicial Magistrate, Haridwar.

4. Learned counsel for the applicant submits that the F.I.R. was lodged against the applicant along with other co-accused persons and, upon completion of investigation, the Investigating Officer has submitted the charge-sheet, pursuant to which cognizance has been taken by the court below.

5. It is further submitted that the non- appearance of the applicant before the court below was neither intentional nor deliberate. It is contended that the court concerned had issued non-bailable warrants against the applicant vide order dated 09.07.2025; that, the next date fixed before the court concerned is 18.06.2026. Learned counsel, therefore, prays that the non-bailable warrants so issued be kept in abeyance till the said date, as the applicant undertakes to appear before the court concerned on 18.06.2026.

6. Having heard learned counsel for the parties and perused the material available on record, it is directed that the non- bailable warrants issued against the applicant vide order dated 09.07.2025 pending before the court concerned/Judicial Magistrate 1st, Dehradun shall remain in abeyance, subject to the condition that the applicant shall appear before the court concerned on 18.06.2026.

7. It is made clear that in the event of failure of the applicant to appear on the said date, this order shall stand automatically vacated without further reference to this Court.

8. List this matter on 25.05.2026.

9. In the meantime, learned counsel for the applicant may file a rejoinder affidavit.

10. Urgency application stands disposed of accordingly.

(Alok Mahra, J.) 10.04.2026 Mamta