Disposed

Gaffar Khan v. State of Up and Another

Allahabad HC3 May 2019A482/17813/2019

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the court granted the applicant a final chance to appear before the lower court. Upon undertaking to participate without delay, execution of the non-bailable warrant was stayed for two weeks.

What did the court decide?

Execution of the non-bailable warrant is kept in abeyance for two weeks if the applicant appears and undertakes to participate in the proceedings.

Gaffar Khan Vs State of Up and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 17813 of 2019

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Applicant :- Gaffar Khan Opposite Party :- State Of Up And Another Counsel for Applicant :- Sanjeev Kumar,Laxmi Narayan Rathour

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Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed with a prayer to stay the N.B.W. dated 15.11.2016 passed by Judicial Magistrate Jalaun at Orai in Case No. 161 of 2009 (Smt. Aneesha vs. Gaffar and others), under Sections 498A I.P.C. and 3/4 D.P. Act, P.S. Kotwali Orai, District Jalaun.

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Learned counsel for the applicant has submitted that during course of the trial, the proceeding of the case had not been in the knowledge of the applicant because he was busy in earning his livelihood, due to which he could not appear before the court concerned. In the meanwhile, nonbailable warrant has been issued against him on 15.11.2016. Now, the applicant promises that he will appear and participate in the proceeding before the court below, if one last opportunity is given to him.

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Learned A.G.A. has no objection provided the applicant appears before the court below.

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Under facts and circumstances of the case, one last chance is given to the applicant to appear before the court below and to give unconditional undertaking that he will from hence onward participate in the proceeding of the case and will not occasion any delay and shall remain present in the court during proceeding of the case and on such undertaking the lower court shall afford him an opportunity of participating in the proceeding provided the application is moved before the court concerned within two weeks from today.

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For a period of two weeks from today, no coercive action shall be taken against the applicant and effect and operation of the non-bailable warrant in question shall be kept in abeyance.

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If the applicant does not appear before the court concerned within the stipulated period, the court below shall proceed further with the case in accordance with law.

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With the above direction, the instant application under

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Section 482 Cr.P.C. is finally disposed of .

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Order Date :- 3.5.2019 S Rawat

Gaffar Khan v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Gaffar Khan v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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