Disposed

Mohan Lal v. State of U.P. and Another

Allahabad HC6 Dec 2018A482/43901/2018

Case brief

AI extract

What is this about?

Single Judge Court disposed of an application under Section 482 Cr.P.C. seeking quashing of an order initiating N.B.W. proceedings. The Court issued directions to cancel the warrant within three weeks, kept the warrant in abeyance for six weeks, and warned of coercive measures for default.

What did the court decide?

Non-bailable warrant kept in abeyance for six weeks; applicant directed to move application to cancel warrant within three weeks; coercive measures reserved for failure to comply.

Mohan Lal Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 45

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Case :- APPLICATION U/S 482 No. - 43901 of 2018

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Applicant :- Mohan Lal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhir Dixit,Deepti Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the impugned order dated 12.11.2018, passed learned Chief Judicial Magistrate, Kasganj, by which N.B.W and processes under Section 82 and 83 Cr.P.C. have been initiated against the applicant in Criminal Case No.1528 of 2015, State Vs. Netra Pal and others, arising out Case Crime No.12 of 2014, under Sections 409, 419, 420, 467, 468, 471 I.P.C., Police Station Ganjdundwara, District Kasganj.

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Learned counsel for the applicant contends that earlier the applicant had been granted bail by the competent court and thereafter he could not appear before the trial court. Hence non-bailable warrant has been issued against him. He further submits that the reason on account of which the applicant failed to appear before the trial court was beyond his control and that the applicant has every intention to appear before the court concerned and participate in the trial.

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Considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the following direction:

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(i) the applicant shall move an application to cancel the non-bailable warrant issued against him before the court below within three weeks from today along with the certified copy of this order;

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(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non-bailable warrant issued against the applicant or to direct the applicant to file fresh bail bonds within a further period of one week, thereafter;

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(iii) for a period of six weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.

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In the event of failure, on part of the applicant to act within time as directed above, the Court below may adopt all coercive measures to ensure his appearance.

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Order Date :- 6.12.2018

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Mohan Lal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohan Lal v. State of U.P. and Another

Case brief

What is this about?

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