Court No. - 49
Case :- APPLICATION U/S 482 No. - 12225 of 2021 Applicant :- Aman Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Sri Ashish Goyal, learned counsel for the applicant has filed this application under section 482 CrP.C. seeking quashing of the NBW dated 7.2.2020 passed by Special Judge (DAA)/ Additional Sessions Judge, Court NO. 3, Agra in SST No. 263 of 2017 (State Vs. Aman Kushwaha and others) arising out of Case Crime No. 1361 of 2017 under section 392 IPC, police station Sikandra, District Agra on the ground that applicant had left Agra to earn his bread and butter to Delhi. He instructed his counsel but his name has not been disclosed in the application, to move an application seeking condonation for absence of the accused, but his counsel has not moved appropriate application, as a result of which NBW has been issued.
2. Fact of the matter is that for the professional misconduct of the counsel, the applicant may move an application before the Bar Counsel which shall deal with the complaint against counsel for his misconduct, but that cannot be a ground for quashing of the NBW which has been issued by the court concerned to seek appearance of the accused to proceed with the trial further.
3. In above terms, I do not see any reason to interfere in the matter of NBW. Application fails and is dismissed.
Order Date :- 13.8.2021 S.K.S.