Court No. - 49
Case :- APPLICATION U/S 482 No. - 13191 of 2021 Applicant :- Mukund Lal Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Amarnath Tripathi
Hon'ble Vivek Agarwal,J.
None for the petitioner. Sri Nagendra Srivastava, learned AGA for the State is present.
Sri Nagendra Srivastava submits that petitioner had earlier filed an application under Section 482 Cr.P.C. bearing no. 8426 of 2003 for quashing the chargesheet no. 70 of 2002 and cognizance order dated 04.08.2003 arising out of Case Crime No. 0374 of 2002, Police Station-Kotwali, District-Varanasi.
This petition was dismissed vide order dated 08.04.2019, as nobody had appeared for the applicant. No liberty is granted in favour of the petitioner. Therefore, petitioner is obliged to explain as to how second petition under Section 482 Cr.P.C. is maintainable on the same facts.
A perusal of the petition reveals that petitioner has filed this petition seeking setting aside of the order dated 09.07.2019 and subsequently, orders issuing bailable warrant against the applicant, passed by learned Additional Chief Judicial Magistrate, Court No. 2, Varanasi in Case No. 1342 of 2012 (State vs. Govind Lal and Others) arising our of Case Crime No. 374 of 2002.
A perusal of the ordersheets, enclosed along with petition as Annexure-4, reveals that petitioner was not appearing before the court, as a result of which, bailable warrants have been issued against the petitioner. There is no error, apparent in the impugned order, issuing bailable warrants against the petitioner and it is always open to the petitioner to appear before the court and furnish adequate bail bonds, as a surety for his appearance before the court concerned.
In my opinion, there is no illegality in the impugned order calling for interference, therefore, petition fails and is dismissed.
Order Date :- 29.7.2021 Vikram/-
Digitally signed by Justice Vivek Agarwal Date: 2021.07.29 18:12:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad