Application No. 13979 of 2017. Case: Rakesh and Others Vs State of U.P. and Another. High Court of Allahabad (India)

Case NumberApplication No. 13979 of 2017
CounselFor Appellant: Bhuvnesh Kumar Singh, Adv.
JudgesSurya Prakash Kesarwani, J.
IssueCriminal Procedure Code - Section 482; Indian Penal Code - Section 392
Judgement DateMay 09, 2017
CourtHigh Court of Allahabad (India)

Judgment:

Surya Prakash Kesarwani, J.

The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceeding of Criminal Complaint Case No. 691 of 2016 (Anuradha Vs. Bhure and others), under Sections 392 IPC, P.S. Mandawar, District Bijnor, pending in the court of Addl. Chief Judicial Magistrate-III, Bijnor as well as the order dated 18.07.2016 whereby non-bailable warrant has been issued to the applicants due to their absence. Further prayer has been made to stay the further proceedings of aforesaid criminal complaint case.

Heard learned counsel for the applicants and the learned AGA appearing for the State.

It is submitted by the learned counsel for the applicants that in the aforesaid complaint case the applicants were regularly appearing but due to some unavoidable reasons they could not appear on 18.07.2016 and consequently, non-bailable warrant has been issued.

Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. At...

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