2025:UHC:10667 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No. 2114 of 2025 01 December, 2025 Devashish Chakravati --Applicant Versus State Of Uttarakhand & another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Shubham Pandey, learned counsel for the applicant. Ms. Sweta Badola Dobhal and Mr. Prabhat Kandpal, learned Brief Holders for the State. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. (Oral) Present C528 application has been filed by the applicant to quash the order dated 18.09.2025, passed by learned Judicial Magistrate/Civil Judge (Junior Division), Bageshwar, District Bageshwar, whereby the non-bailable warrants were issued against the present applicant in Criminal Case No.453 of 2023, Satish Chandra Pandey vs. Devashish Chakravati. 2. It is contended by learned counsel for the applicant/accused that he is a heart patient; therefore, he needs a month’s time to appear before the trial court for the recording of his statement under Section 313 Cr.P.C. (new Section 351 of BNSS). In support of this contention, a photocopy of the medical certificate issued by Galaxy Hospital has been annexed as Annexure-3 to the C528 application. 2025:UHC:10667 2 3. From the order-sheet, it transpires that the matter was listed for recording the statement of the applicant/accused under Section 313 Cr.P.C. Since the applicant/accused did not appear before the learned trial court for recording his statement under Section 313 Cr.P.C., the learned trial court was constrained to issue non-bailable warrants against him, fixing his appearance on 27.09.2025. Despite this, the applicant has still not chosen to appear before the learned trial court; instead, he has filed the present C528 application. 4. Having perused the said medical certificate, this Court is of the view that the ailment is not of such a serious nature that the applicant requires more than fifteen days’ time to appear before the learned trial court. The certificate does not indicate any serious condition; rather, it shows that he was treated as an outdoor patient by the hospital. 5. In view of the above, the present C528 application is disposed of with a direction to the applicant/accused to appear before the trial court within fifteen days from today, i.e., on or before 15.12.2025, for recording his statement under Section 313 Cr.P.C. (new Section 351 of BNSS). 6. The non-bailable warrants issued against the applicant/accused vide order dated 18.09.2025 shall remain kept in abeyance only till 15.12.2025. 7. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 01.12.2025 AK 2025:UHC:10667 3