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Neutral Citation No. - 2025:AHC:64730 Court No. - 87 Case :- APPLICATION U/S 482 No. - 28234 of 2024 Applicant :- Virendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard Sri Neeraj Singh, learned counsel for the applicant and Sri Jyoti Singh, 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 several orders issuing NBWs in Complaint Case No.1648-A/1993 u/s 302 IPC, P.S. Jaswant Nagar, Etawah as well as judgment and order dated 15.07.2024 passed by Additional District and Sessions Judge, Court No.5, Etawah in Criminal Revision No.38 of 2024, presently pending before the C.J.M. Etawah, District-Etawah.
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 orders of NBW and judgment and order dated 15.07.2024 passed by Additional District and Sessions Judge, Court No.5, Etawah in Criminal Revision No.38 of 2024, 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.
8. However, the proceedings of aforesaid case shall be kept in abeyance, till the period of three weeks from today.
Order Date :- 28.4.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad