Disposed

Pramod Kumar and 2 Others v. State of U.P. and Another

Allahabad HC30 May 2019A482/21574/2019

Case brief

AI extract

What is this about?

In a Section 482 CrPC application filed during the pendency of a discharge appeal earlier filed by applicants, the High Court stayed non-bailable warrant orders against them. The court directed pending coercive action remain in abeyance until the discharge application is decided by the lower court.

What did the court decide?

Non-bailable warrant order against the applicants shall be kept in abeyance till the disposal of the discharge application filed by the applicants before the court concerned.

Pramod Kumar and 2 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2019)

¶1

Court No. - 69

¶2

Case :- APPLICATION U/S 482 No. - 21574 of 2019

¶3

Applicant :- Pramod Kumar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard Sri M.P.S. Chauhan, learned counsel for the applicants, and Sri Sanjay Singh, learned AGA for the State.

¶6

This application has been filed under section 482 Cr.PC with prayer to stay/quash the impugned order dated 6.5.2019 passed by Judicial Magistrate Court NO.1, Aligarh on the application of opposite party no. 2 dated 6.5.2019 in Case No. 40 of 2017, Case Crime No. 03 of 2016 under sections 498A,323,307, 354, 377 IPC and 3/4 of D.P. Act, Police StationMahila Thana, District- Aligarh, pending in the court of Judicial Magistrate, court no.1, Aligarh during the pendency of the discharge application before trial court.

¶7

Learned counsel for the applicants has confined his prayer to the extent that during the pendency of the discharge application of the applicant before the court below no coercive action be taken against the applicants.

¶8

Learned counsel for the applicants had drawn the attention of this Court towards to an Application U/S 482 No. 20466 of 2018 filed by the applicants, wherein an order dated 6.2.2019 has been passed by a Coordinate Bench of this Court in which this Court had granted liberty to the applicant to move discharge application before the court concerned and court concerned was directed to decide the said discharge application in accordance with lay by a reasoned and speaking order within eight weeks from the date of submission of such an application, if submitted before it. It is next contended by learned counsel for the applicants that the discharge application filed by the applicants is still pending and in between non-bailable warrant order has been issued against the applicants.

¶9

Considering the facts and circumstances of the case, the instant application is finally disposed off with a direction that non-bailable warrant order against the applicants shall be kept in abeyance till the disposal of the discharge application filed by the applicants before the court concerned.

¶10

Order Date :- 30.5.2019

¶11

ssm

Pramod Kumar and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Pramod Kumar and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Munni Vs State of U.P. and Another

Ajaz Ali and 10 Others Vs State of U.P. and Another

Vijay Kumar Sharma Vs State of U.P. and Another

Asha Singh Vs State of U.P.

Jahid and 5 Others Vs State of U.P. and Another

Monis and 2 Others Vs State of U.P. and Another