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Neutral Citation No. - 2025:AHC:62701 Court No. - 87 Case :- APPLICATION U/S 482 No. - 33867 of 2024 Applicant :- Anand Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashvanee Kumar Srivastav Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard Sri A.K. Srivastav, learned counsel for the applicant and Sri N.K. Upadhyay, learned A.G.A. for the State-O.P. No.1.
2. The instant application under Section 482 Cr.P.C. has been filed praying for quashing the NBW dated 22.04.2024, summoning
order dated 05.05.2023 as well as entire proceedings of Complaint Case No.985 of 2022 (Madhuri Singh vs. Anand Singh) under section 354B, 323 and 504 IPC at P.S.Gola, District-Gorakhpur pending in court of Judicial Magistrate-II, Gorakhpur.
3. After arguing for sometime, the only prayer sought by the counsel for the applicant is that the applicant is willing to obtain bail after surrendering in the court below, and for that a protective direction may be issued to the concerned trial court to consider and decide the proposed bail application of the applicant.
4. Per contra, learned A.G.A. vehemently opposes the present application and submits that since the applicant is not cooperating in the court proceedings, NBW has been issued against the applicant and as such, he deserves no leniency by this Court.
5. Having gone through the rival submissions of the learned counsel for the parties and on perusal of the record, I do not see any illegality, impropriety and incorrectness in the impugned proceedings under challenge, and there is nothing else which may suggest that there is abuse of court's process. There is no good ground to interfere in the impugned proceedings of the above mentioned case, therefore, the prayer for quashing the order of the NBW dated 22.04.2024, summoning order dated 05.05.2023 as well as entire proceedings of the aforesaid case, is refused.
6. However, on the request of learned counsel for the applicant that the applicant wants to surrender in the court below and apply for
bail, it is directed that in case the applicant surrenders within three weeks from today and applies for bail by moving an appropriate bail application, the same shall be considered and decided by the concerned trial court purely on its own merits.
7. With the aforesaid observations, this application is finally
disposed of.
Order Date :- 24.4.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad