Neutral Citation No. - 2025:AHC:80686 Court No. - 84 Case :- APPLICATION U/S 482 No. - 36665 of 2024 Applicant :- Hirday Narayan And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raj Kumar Srivastava,Shiv Poojan Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application u/s 482 Cr.P.C. has been filed with prayer to quash the Notice dated 28.08.2024, under Section 446 Cr.P.C. and Sureties Bond 80,000/- in Case No. 160 of 2019, arising out of Case Crime No. 330 of 2019, under Section 393 I.P.C., Police Station- Akbarpur, District- Kanpur Dehat, pending in the Court of Special Judge (D.A.A.) Ramabai Nagar (U.P.). 3. Instant FIR has been registered as Case Crime No. 330 of 2019, under Section 511, 379 IPC against accused, namely, Mahesh Gupta, thereafter, he moved Criminal Misc. Bail Application No. 30759 of 2019 (Mahesh Gupta Vs. State of U.P.) before this Hon'ble Court and the Co-ordinate Bench of this Court vide order dated 11.09.2019 granted bail to accused, Mahesh Gupta. Since, applicant was known to accused, Mahesh Gupta, therefore, he took sureties of accused, Mahesh Gupta in sureties bond of Rs.80,000/-, thereafter, accused, Mahesh Gupta was not co-operating with the trial proceedings, as such, Special Judge (D.A.A.), Rambai Nagar (U.P.) issued notice against the applicant under Section 446 Cr.P.C. on 28.08.2024. 4. Learned counsel for the applicants submits that applicants are innocent and having no concern with the present first information report. Applicants have given sureties of accused, Mahesh Gupta as he was known to them but at present applicants do not know about the whereabouts of accused, Mahesh Gupta. He next submits that issuance of notice under Section 446 Cr.P.C. is bad in the eye of law, abuse of process of Court and liable to be quashed. 5. Per contra, learned A.G.A. for the State vehemently opposed the submission raised by learned counsel for the applicants and submits that applicants should have to appear before the Court concerned and filed an application mentioning all grievances there. The Court has rightly issued notice against the applicants, as main accused, Mahesh Gupta, is absconding and is not appearing before the Trial Court to participate in trial proceedings. 6. Considered the submission raised by learned counsel for the parties and perused the entire record. From the record, it is apparent that accused, Mahesh Gupta is not co-operating with the trial proceedings. Issuance of notice under Section 446 Cr.P.C. against the applicants, does not contain any illegality. No interference is warranted. 7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 15.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad