2023 Supreme(Online)(ALL) 3727
ALLAHABAD HIGH COURT
RAHUL CHATURVEDI
CHHEDI – Appellant
Versus
State – Respondent
A482/1951/2023
Court No. - 67
Case :- APPLICATION U/S 482 No. - 1951 of 2023
Applicant :- Chhedi
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sudeep Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Sudeep Dwivedi, counsel for the applicants as well as
learned AGA and perused the record.
By means of this 482 Cr.P.C. application, the prayer sought by
the applicant is to quash the proceedings of Case No. 1665 of
2018 titled as State vs. Mona Yadav as well as charge-sheet
dated 30.10.2017 arising out of Case Crime No. 300 of 2017
under Sections 419, 420, 468, 506, 342 I.P.C., Police Station
Cholapur, District Varanasi pending in the Court of Additional
Chief Judicial Magistrate-I, District Varanasi.
The contention raised by learned counsel for the applicant is
that vide order dated 26.10.2021, the learned Magistrate has
issued process, non bailable warrant etc. to procure the
attendance of the applicant. He further submits that the
applicant is suffering from serious disease of brain haemorrhage
and undergoing treatment at Mumbai.
Under these circumstances, the effect and operation of non
bailable warrant be kept in abeyance for a period of three
weeks. During that period, the applicant shall surrender and get
himself bailed out.
In the event, the Court concerned decides to enlarge the
applicant on bail, it shall impose heavy sureties and one of the
condition shall be of filing personal affidavit of the applicant
that he would not seek unwarranted long adjournment till the
conclusion of the trial.
With these observations, the present 482 Cr.P.C. application
stands disposed of.
Order Date :- 10.2.2023
Shiraz
Digitally signed by :-
SHIRAZ ALI
High Court of Judicature at Allahabad