Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33146 of 2025 Court No. - 48 HON'BLE KSHITIJ SHAILENDRA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under Section 528 B.N.S.S. has been filed challenging the chargesheet dated 16.06.2006 as well as entire proceedings of Case Crime No.3189 of 2006 (State vs. Rajesh Gupta and others), under Sections 328, 379, 411 IPC, Police Station-Premnagar, District-Jhansi.
3. It is contended that the applicant has already been released on bail and since he is settled in Kanpur but the case is pending in Jhansi, he could not get information about certain proceedings and, therefore, Non Bailable Warrants were issued against him and then process under Sections 82/83 Cr.P.C. has also been undertaken. Learned counsel submits that applicant wants to participate in proceedings of trial and he shall not absent himself on future dates.
4. Learned A.G.A. submits that applicant has remedy to file an application under Section 70(2) Cr.P.C. justifying his absence from the proceedings and, therefore, no interference is warranted by this Court.
5. Considering the submissions made and record of proceedings as well as the nature of offence, this application is disposed of permitting the applicant to move appropriate application before the court concerned within a period of 15 days from today.
6. In case such an application is filed within 15 days, the same shall be dealt with in accordance with law. Versus Counsel for Applicant(s) : Annapurna Devi, Saumya Singh Counsel for Opposite Party(s) : G.A. Rajesh Gupta .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
7. If the applicant fails to move application, the matter shall proceed further against him. September 10, 2025 Jyotsana NA528 No. 33146 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad