TEETU KUMAR RATHOR @ SHAILENDRA KUMAR v. State of U.P. AND ANOTHER
A482/28359/2024 · 2025-03-19
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88288 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88288 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:40720 Court No. - 74 Case :- APPLICATION U/S 482 No. - 28359 of 2024 Applicant :- Teetu Kumar Rathor @ Shailendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shakti Shanker Tiwari,Subhash Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C., has been filed for quashing the entire impugned proceeding as well as impugned summoning order dated 11.10.2023 passed in Case No. 283 of 2013 (State Vs. Sarvesh Dixit and others) under Section 3/7 Essential Commodities Act, Police Station Chhibramau, District Kannauj pending in Court of learned Civil Judge (J.D.)/Judicial Magistrate, Chhibramau, District Kannauj arisen out from impugned charge-sheet dated 25.10.2012 submitted impugned FIR dated 22.09.2012 lodged in Case Crime No. 466 of 2012, under Section 3/7 Essential Commodities Act, Police Station Chhibramau, District Kannau along with summoning order dated 11.10.2013 passed by the learned Civil Judge (J.D.)/Judicial Magistrate, Chhibramau, Kannauj on the basis of compromise in interest of justice.
3. Learned counsel for applicant submits that N.B.W has been issued against the applicant on dated 21.10.2020 which is against the facts and law. The applicant had no knowledge about the proceedings initiated against him due to which he could not appear on the date fixed by the trial Court, hence, non-bailable warrant was issued against the applicant.
4. Per contra, learned A.G.A opposed the prayer.
5. Considering the facts and circumstances of the matter, applicant directed to appear before the learned court concerned in pursuance to N.B.W. dated 21.10.2020 within one month from today. Till one month from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of one month, learned concerned court is directed to proceed as per law.
6. With the aforesaid observation, the application is disposed of. Order Date :- 20.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad