Court No. - 80
Case :- APPLICATION U/S 482 No. - 13888 of 2021 Applicant :- Lokendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajai Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
By means of this application under Section 482 CrPC, the applicants have challenged the order dated 23.2.2021 passed by Addl. Chief Judicial Magistrate, Jalesar, Etah in Case No. 100 of 2015 (State Vs. Lokendra( arising out of Case Crime No. 518 of 2007, under Section 307/34 IPC, P.S. Nidhauli Kalan, District- Etah, by which non bailable warrant and proclamation u/s 82 and 83 Cr.P.C. have been issued against the applicant.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that applicant is ready to appear before the court and as such the impugned order dated 23.2.2021 be quashed.
Per contra, learned AGA has pointed out that despite issuance of non bailable warrant the applicant has not appeared before the court and proclamation under Sections 82 and 83 Cr.P.C. has also been issued, yet the applicant has not appeared.
In view of above, there is absolutely no reason to interfere in the aforesaid impugned order passed by the learned A.C.J.M.
The application u/s 482 Cr.P.C. is devoid merit and is, accordingly, dismissed.
Order Date :- 12.8.2021 KU