Disposed

Rajeev Singh @ Sanjeev Chauhan v. State of U.P. and Another

Allahabad HC18 Jul 2019A482/27461/2019

Case brief

AI extract

What is this about?

In S.T. No. 128 of 2010, the High Court disposed of an application under Section 482 Cr.P.C. The court suspended the non-bailable warrant for six weeks while directing the applicant to seek the warrant's cancellation from the lower court and file a fresh bail bond within specified timelines to ensure appearance before the trial court.

What did the court decide?

Non-bailable warrant suspended for six weeks; applicant directed to cancel warrant and file fresh bail bond before lower court.

Rajeev Singh @ Sanjeev Chauhan Vs State of U.P… — Criminal Trial and Appeal | Allahabad HC (2019)

¶1

Court No. - 28

¶2

Case :- APPLICATION U/S 482 No. - 27461 of 2019

¶3

Applicant :- Rajeev Singh @ Sanjeev Chauhan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rahul Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajeev Misra,J.

¶5

Heard Mr. Rahul Pandey, learned counsel for the applicant and the learned A.G.A. for the State.

¶6

This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 5.11.2018 passed by the Additional District Judge Court No. 1, Farrukhabad, in S.T. No. 128 of 2010, arising out of Case Crime No. 2032 of 2009 (State Vs. Rajeev Singh Sanjeev Chauhan), under section 25 Arms Act, whereby non-bailable warrant has been issued against the applicant.

¶7

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 nonbailable warrant has 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.

¶8

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:

¶9

(i) the applicant shall move an application to cancel the nonbailable warrant issued against him before the court below within three weeks from today along with the certified copy of this order;

¶10

(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the nonbailable warrant issued against the applicant or to direct the applicant to file fresh bail bond within a further period of one week, thereafter;

¶11

(iii) for a period of six weeks from today, non-bailable warrant

¶12

issued against the applicant shall be kept in abeyance.

¶13

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.

¶14

Order Date :- 18.7.2019 HSM

Rajeev Singh @ Sanjeev Chauhan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rajeev Singh @ Sanjeev Chauhan 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

Shiv Kumar and Others Vs State of U.P. and Another

Virpal Vs State of U.P. and Ors.

Brahmanand Vs State of U.P. and Others

Dinesh Pal @ Munna Vs Smt. Neelam Devi and Another

Ram Pratap Vs Attri Prasad and Others

Shahida Begam Vs State of U.P. and Others