Disposed

Premjeet Singh and 4 Others v. State of U.P. and Another

Allahabad HC14 Mar 2019A482/27806/2016

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court granted the applicants a 45-day protection from coercive action to enable them to surrender and seek recall of non-bailable warrants expeditiously from the courts below.

What did the court decide?

45-day protection from coercive action; direction to courts below to consider and decide recall of N.B.W/bail application expeditiously if application made within 45 days.

Premjeet Singh and 4 Others Vs State of U.P. and… — Service and Employment | Allahabad HC (2019)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 27806 of 2016

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Applicant :- Premjeet Singh And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajit Narain Mishra,Abhay Kumar Dwivedi Counsel for Opposite Party :- G.A.,Shamasul Eslam

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicants 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 applicants with a prayer to quash the order of non-bailable warrant dated 21.4.2016 passed by Judicial Magistrate-II, Ballia, summoning order dated 30.5.2015 and entire proceedings of Complaint Case No. 1535 of 2014 (Sujata Singh vs. Premjeet Singh and others) and 3/4 D.P. Act, police station Bansdeeh Road, district Ballia.

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The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned the non-bailable warrant dated 21.4.2016 against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The learned counsel for the applicants 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 applicants expeditiously in accordance with law.

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Considering the prayer made by the learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 45 days from today and apply 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 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 :- 14.3.2019

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Sumaira

Premjeet Singh and 4 Others v. State of U.P. and Another

Case brief

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Premjeet Singh and 4 Others v. State of U.P. and Another

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