Case :- APPLICATION U/S 482 No. - 12909 of…
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Court No. - 84
Case :- APPLICATION U/S 482 No. - 12909 of 2021
Applicant :- Arvind Tiwari @ Pappu @ Rudreshwar Tripathi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Shashi Shekhar Mishra, learned counsel for the applicants and Sri Jhamman Ram, learned AGA appearing for the State-opposite party no.1.
The present application under Section 482 Cr.P.C. has been filed seeking to quash the summoning order dated 22.10.2017 as well as non-bailable warrant dated 04.03.2021 issued by the Additional Chief Judicial Magistrate, IInd, Bhadohi at Gyanpur in Complaint Case No. 369 of 2015 (Dhananjay Tiwari vs. Arvind Tiwari and others), under Sections 323, 379, 504, 506 IPC, Police Station Chauri, District Bhadohi, pending in the court of First Additional Civil Judge (Junior Division)/Judicial Magistrate, Bhadohi at Gyanpur.
Learned counsel for the applicants after making submissions to some extent fairly submits that necessary ingredients for invocation of provisions of 482 Cr.P.C. are not made out in the facts of the present case. Accordingly he does not wish to press the prayer made in the application. The reliefs sought in the application are, therefore, not entertained.
Learned counsel states that the applicants would submit to the jurisdiction of the court below and seek recall of the order dated 04.03.2021 in terms of which non-bailable warrants have been issued.
In case any such application is moved the court below would be expected to pass appropriate orders thereon in accordance with the settled principles of law.
The application stands disposed of accordingly.
Order Date :- 27.8.2021 Imroz
(Dr. Y. K. Srivastava, J.)
Arvind Tiwari
State of U.P.
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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