Allahabad High Court
Shyamalal vs State Of U.P And Another on 2 November, 2022
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- APPLICATION U/S 482 No. - 33959 of 2022 Applicant :- Shyamalal Opposite Party :- State Of U.P And Another Counsel for Applicant :- Atul Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioners, learned AGA for the State and perused the material on record.
This criminal misc. application U/s 482 Cr.P.C. is filed to quash the N.B.W. order dated 25.10.2021 and 82 Cr.P.C. issued by Judicial Magistrate Jewar, Gautam Budh Nagar in complaint Case No.1009 of 2015 (Satyapal versus Shyampal) under section 138 N.I. Act Police Station Jewar District Gautam Budh Nagar.
The submissions of learned counsel for the petitioners are that petitioners were on bail. The trial court on 10.12.2021 has issued non-bailable warrant against him and consequently vide order dated 04.01.2022 process under Section 82 Cr.P.C. has also been issued.
Learned counsel submitted that petitioners are willing to appear before the court below and take part in trial.
Considering the submission of learned counsel for the petitioners, this application U/s 482 Cr.P.C. is disposed of with a direction that petitioners may appear before the trial court within a period of three weeks and may move proper application. The trial court shall pass appropriate order on the application moved by the petitioners-accused.
For a period of three weeks, the order of non-bailable warrant shall be kept in abeyance, if not executed yet.
Order Date :- 2.11.2022/RC