Neutral Citation No. - 2025:AHC:24748 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3600 of 2025 Applicant :- Gulab Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Naresh Chandra Tripahti,Suchita Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Naresh Chandra Tripahti, learned counsel for the applicant and Sri Muniraj Mehrotra, learned A.G.A. for the State. 2. The applicant herein has filed the present application u/s 482 Cr.P.C. against the order dated 05.05.2008 issuing summon order and order dated 04.07.2014 issuing non-bailable warrant against the applicant, passed by the learned II Additional Chief Judicial Magistrate, Banda in Criminal Case No. 1335 of 2008 (Case no. 496/2010), (State versus Jagdish Gupta and others) under Section 409 IPC arising out of Case Crime No. 521 of 2004, Police Station Kotwali Nagar, District- Banda now pending in the Court of Learned Chief Judicial Magistrate, Banda. 3. Learned counsel for the applicant submits that with relation to the alleged commission of the offence of the years 1972-73 to 1996-97, FIR stood lodged on 30.10.2004 against as many as 71 accused including the applicant herein. He further submits that the allegation was referable to misappropriation of amount of Rs.6755/-. He next submits that the charge sheet also stood submitted on 30.7.2008 wherein the amount has been shown to the Rs.755/756. 4. Learned counsel for the applicant inviting the attention towards the order sheet submits that non-bailable warrant has been issued however, he could knowledge of the same recently that is why he has approached this Court. 5. Learned counsel for the applicant also submits that he shall be preferring bail application before the court below and interim protection be accorded in the meantime. 6. Learned AGA on the other hand submits that the offences are made out and the amount in question might be small but the time when the incident took place, it had value. 7. Considering the submission of learned counsel for the applicant as well as learned AGA, the prayer for quashing the charge sheet is declined. It is directed that the applicant shall appear before the court below on 27.3.2025 and shall surrender and obtain bail. Till 4.4.2025 no coercive action shall be taken against the applicant in pursuance of the order dated 05.05.2008 issuing summon order and order dated 04.07.2014 issuing non- bailable warrant against the applicant, passed by the learned II Additional Chief Judicial Magistrate, Banda in Criminal Case No. 1335 of 2008 (Case no. 496/2010), (State versus Jagdish Gupta and others) under Section 409 IPC arising out of Case Crime No. 521 of 2004, Police Station Kotwali Nagar, District- Banda now pending in the Court of Learned Chief Judicial Magistrate, Banda. 8. The interim protection shall only apply on those contingencies and the applicant sticks to the time line and does not violate condition mentioned in this orders. In case any of the default the interim protection stands vacated without reference to the Bench. 9. In view of above, the present application under section 482 Cr.P.C. stands disposed of. Order Date :- 20.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad