Disposed

Anil Kumar Verma v. State of U.P. and Another

Allahabad HC24 Jun 2019A482/22902/2019

Case brief

AI extract

What is this about?

Court disposed of an application under Section 482 Cr.P.C. without expressing opinion on merits, directing non-bailable warrants to be kept in abeyance for six weeks and allowing the applicant an opportunity to move the lower court for warrant cancellation or fresh bail.

What did the court decide?

Non-bailable warrants kept in abeyance for six weeks; applicant directed to move lower court for cancellation of warrant or filing of fresh bail bonds.

Anil Kumar Verma Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 42

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Case :- APPLICATION U/S 482 No. - 22902 of 2019

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Applicant :- Anil Kumar Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Shankar Pd Gupta,Girijesh Kumar Gupta 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 order dated 13.7.2018 and 6.6.2019 in Complaint Case No. 275 of 2016, under Section 138 N.I. Act, Police Station Hapur Dehat, District Hapur, pending in the court of Chief Judicial Magistrate, Hapur.

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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 warrants have been issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court were 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

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discretion to pass appropriate order thereon to either recall the non-bailable warrants 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 warrants 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 :- 24.6.2019 Ruchi Agrahari

Anil Kumar Verma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Anil Kumar Verma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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