In a list case, the single-judge bench dismissed an application under Section 482 Cr.P.C. seeking to quash a summoning order, holding it misconceived because the applicant had already been directed in a prior application to surrender and apply for bail.
The application under Section 482 Cr.P.C. to quash the impugned summoning order was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 68
Case :- APPLICATION U/S 482 No. - 4493 of 2023
Applicant :- Gufaran Ansari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghuraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
"The instant application under section 482 Cr.P.C. has been filed for setting aside of the non bailable warrant dated 2.4.2018 passed by the Additional Chief Judicial Magistrate-IV in Complaint Case No. 6212 of 2017, under section 138 of the N.I. Act, P.S. Shahganj, District Agra.
Learned counsel for the applicant contended that the applicant is willing and ready to appear before the court below to comply with the order dated 02.04.2018 passed by the court below.
Learned Additional Government Advocate appearing on behalf of the Staterespondent vehemently opposed the contentions raised on behalf of the applicant.
Considering the facts and circumstances and in view of the willingness of the applicant to appear before the court below, this application is disposed of with direction that the applicant shall appear before the court below on or before 24.10.2018 along with appropriate application, the same shall be
decided by the court below, expeditiously, in accordance with law.
The order dated 02.04.2018 shall be kept in abeyance till 24.10.2018. "
In view of the aforesaid, this second application under Section 482 Cr.P.C. for quashing of the impugned summoning order is misconceived and is, accordingly, dismissed .
Order Date :- 3.4.2023 Jitendra/-
Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad
1 issue framed by the court
Whether the second application under Section 482 Cr.P.C. filed to quash the summoning order is maintainable in light of a prior order directing the applicant to surrender and apply for bail.
2 provisions across 2 enactments
Gufaran Ansari
State of U.P.
Manju Rani Chauhan
Jitendra Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
