Court No. - 86
Case :- APPLICATION U/S 482 No. - 9151 of 2006 Applicant :- Satya Narain Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Narayan Singh,R.P. Srivastava Counsel for Opposite Party :- Govt. Advocate
Hon'ble Umesh Kumar,J.
Heard Sri R.P. Srivastava, learned counsel for the applicant and learned A.G.A. appearing for State of U.P.-opposite party no.1 and perused the material placed on record.
Instant application under Section 482 Cr.P.C. has been filed with the prayer to quash further proceedings of Case No.2049 of 2002 (State of U.P. Versus Satya Narain Tiwari) under Sections 406 and 420 I.P.C., pending in the Court of I Judicial Magistrate, Basti and also quash the cognizance order dated 10.03.2000 in the aforesaid case.
Learned counsel for the applicant has argued that the applicants is aged about 90 years. The matter pertains to offences under Sections 420 and 406 I.P.C. Both offences are compoundable and the applicant desires to settle the issue amicably. Present case is covered under Category-A(a) of the judgement of Hon'ble Apex Court rendered in Petition(s) for Special Leave to Appeal (Crl) No(s). 5191 of 2021 (Arising out of impugned final judgement and order dated 01.07.2021 in CRMABA No.7598/2021 passed by the High Court of Judicature at Allahabad) (Satender Kumar Antil Versus Central Bureau of Investigation and another). Thus this case may be disposed of with the permission to the applicant to appear through counsel before court concerned.
In view of above, the applicant is at liberty to appear in person or through counsel before competent court, who shall pass appropriate orders in accordance with law, considering the factum of settlement as early as possible.
In any event, if settlement between the parties does not take place, the law will take its own course.
With the aforesaid observation, this application under Section 482 Cr.P.C. is disposed of finally.
Order Date :- 28.10.2021 MN/-