Single judge order in S. 482 Cr.P.C. application filed to set aside N.B.W. Applicant claimed false implication and inability to appear due to livelihood reasons; High Court found no sufficient ground to interfere and dismissed the application.
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Court No. - 83
Case :- APPLICATION U/S 482 No. - 4667 of 2022
Applicant :- Jafruddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Jamshed Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by the applicant to set aside the orders issuing N.B.W. against the applicant on 11.10.2020 and lastly issued on 29.11.2021.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. He has committed no offence. He further submitted that the applicant after obtaining bail from the court below, he went to Mumbai for livelihood of his family. The counsel for the applicant has not informed about the proceedings of trial court and due to nonappearance of applicant before the court below, N.B.W. was issued. He further submits that on account of this reason the applicant failed to appear before the trial court, the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.
Learned AGA opposed the submissions made by learned counsel for the applicant.
After having considered the submissions made by the learned counsel for the parties and perused the impugned order as well as the other materials brought on record, I do not see any good ground to interfere in the matter at this stage.
The present application lacks merit and is accordingly, dismissed .
Order Date :- 2.3.2022 Manoj
Digitally signed by MANOJ KUMAR YADAV Date: 2022.03.05 15:34:45 IST Reason: Location: High Court of Judicature at Allahabad
Jafruddin
Manoj Kumar Yadav
As recorded by the court registry
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