In a Section 482 Cr.P.C. application to quash an N.B.W. issued arbitrarily due to absence of live-in applicants, this court noted the existence of an alternative remedy by way of recall application before the court below. Consequently, the application was dismissed without further analysis.
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Court No. - 88
Case :- APPLICATION U/S 482 No. - 1770 of 2022
Applicant :- Fauran Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State.
The instant application under Section 482 Cr.P.C. has been moved with the prayer to quash the impugned order dated 31.01.2018 by which N.B.W. was issued against the applicants as well as subsequent orders passed by the learned court below in Case No.539/IX/12 (State v. Om Prakash) (arising out of Case Crime no.177 of 2011, under Sections 323, 325, 504, 506 IPC, Police Station-Mahawan, District-Mathura).
It is submitted by the learned counsel for applicants that they could not appear before the court below on the date fixed therein as they were living out of station in order to earn their livelihood and the learned court below issued N.B.W. against them in an arbitrary manner.
Learned A.G.A. opposed the application and stated that the accused-applicants had alternative remedy to move application before the court below for recall of the order of issuance of N.B.W. against the accused-applicants.
I have gone through the record.
It is noteworthy that the applicants have alternative remedy of moving an application before the court below for recall of order of N.B.W. issued against them.
The application under Section 482 Cr.P.C. is, accordingly, dismissed.
Order Date :- 30.3.2022 Jyotsana
Digitally signed by JYOTSANA SINGH Date: 2022.03.31 15:17:58 IST Reason: Location: High Court of Judicature at Allahabad
Fauran Singh And Another
State of U.P.
Mohd. Aslam
As recorded by the court registry
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