Partly allowed

Javed and Another v. State of U.P. and Another

Allahabad HC12 Jan 2018A482/688/2018

Case brief

AI extract

What is this about?

The single judge rejected an application under Section 482 Cr.P.C. to quash N.B.W. issued due to the applicant's non-appearance for a year. An opportunity of 30 days was granted to surrender and seek bail, after which no coercive action would be taken.

What did the court decide?

Applicants granted 30 days to appear and apply for bail; no coercive action during this period.

Javed and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2018)

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Court No. - 17

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Case :- APPLICATION U/S 482 No. - 688 of 2018

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Applicant :- Javed And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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This application under Section 482 Cr.P.C. has been moved with a prayer to quash N.B.W. issued against the applicants since 9.8.2017 by the Additional District Sessions Judge/ Special Judge, P.O.C.S.O. Act, court No. 16, Muzaffar Nagar in Criminal Case No.368 of 2009 (State Vs. Samir and others) arising out of case crime No.748 of 2016, under Sections 363, 366, 120-B and 376 I.P.C. and 3/4 P.O.C.S.O. Act , P.S. Nai Mandi, District Muzaffar Nagar.

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Learned counsel for the applicants contends that charge-sheet in this case was submitted on 22.9.2016 and N.B.W. against them was issued on 9.8.2017.

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Heard the argument of learned A.G.A. and learned counsel for the applicants.

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No cogent reason has been given by the learned counsel for the applicants as to why the accused applicants did not appear before the court below to face trial for approximately one year which culminated in N.B.W. being issued against them by the court.

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No force is found in the application. It deserves to be rejected and is, accordingly, rejected.

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However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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With the aforesaid directions, this application is finally disposed of.

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Order Date :- 12.1.2018 A. Mandhani

Javed and Another v. State of U.P. and Another

Case brief

What is this about?

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Javed and Another v. State of U.P. and Another

Case brief

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