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2024 Supreme(All) 366

RAJESH SINGH CHAUHAN
S. Krishna – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Deptt. Govt. Civil Sectt. Lko. – Respondent


Advocates Appeared:
For the Applicant : Pranav Agarwal, Anumita Chandra.

JUDGMENT :

1. Heard Sri Nadeem Murtaza, learned counsel for the petitioner and Sri Aniruddh Kumar Singh, learned AGA-I for the State.

2. By means of this petition filed under Section 482 Cr.P.C., the petitioner has prayed the following reliefs:-

    "A. Quash the impugned order dated 16.02.2024 and order dated 28.02.2024 passed by the ACJM-V, Lucknow in Case No. 9782/2013 vide which Non-Bailable Warrant has been issued against the Applicant. As Annexure no.3.

B. Permit the Applicant to appear through Counsel and participate in the proceedings before the Trial Court in accordance with Section 205 and 317 CrPC.

C. Any other and further relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the present case may also be kindly granted in favour of the Applicant."

3. Sri Murtaza has stated that the petitioner is an old aged person of 85 years suffering various ailments, which are age related, therefore, he could not appear personally before the Court concerned at the time of framing charges, resultant thereof the court concerned has straight away issued non-bailable warrant against him, though the information regarding age and ailment was apprised to the court

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