Disposed

Pappu Mishra v. State of U.P. and Another

Allahabad HC5 Apr 2019A482/12584/2019

Case brief

AI extract

What is this about?

The applicant challenged a non-bailable warrant but withdrew that challenge and sought protection to surrender. The court directed the courts below to dispose of the recall application within 45 days without coercive action. This application was disposed of.

What did the court decide?

Direction to courts below to consider recall of N.B.W./bail application expeditiously within 45 days without coercive action.

Pappu Mishra Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 12584 of 2019

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Applicant :- Pappu Mishra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Alka Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.

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This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order of non-bailable warrant dated 19.12.2017 in Criminal Case No. 41 of 2015 (State vs. Vidya Prasad Pandey and others) arising out of Case Crime No. 298 of 2013, under Sections 504, 506 IPC and 3(1)X SC/ST Act, police station Kokhraj, district Kaushambi pending in the court of Additional District and Sessions Judge, court No. 2, Kaushambi/Special Judge, SC/ST Act.

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The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned the Non-bailable warrant dated 9.12.17 against the applicant and requested to grant some protection, so that applicant may surrender before the court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the recall of N.B.W/bail application of the applicant expeditiously in accordance with law.

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Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for recall of N.B.W./bail application, the same shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.

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For the period of 45 days from today, no coercive action shall

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be taken against the applicant.

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With the above observations, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 5.4.2019

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Sumaira

Pappu Mishra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Pappu Mishra v. State of U.P. and Another

Case brief

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What did the court decide?

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