Disposed

Niyajuddeen v. State of U.P. and Anr.

Allahabad HC8 Mar 2019A482/8197/2019

Case brief

AI extract

What is this about?

In this Section 482 CrPC application, the applicant gave up the quashing prayer regarding a non-bailable warrant. The court directed the courts below to hear and dispose of the recall of the N.B.W./bail application expeditiously if the applicant surrenders within 30 days and granted protection from coercive action for that period.

What did the court decide?

No coercive action against the applicant for 30 days; direction for expeditious disposal of bail application within 30 days.

Niyajuddeen Vs State of U.P. and Anr. — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 8197 of 2019

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Applicant :- Niyajuddeen Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Brij Gopal,Vidya Kant Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant 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 applicant with a prayer to quash the Non-bailable warrant dated 07.01.2019 arising out of Case Crime No. 167 of 2013 and proceedings of S.T. No. 1227 of 2014, under Sections 498A, 306 IPC, Police Station Manda, District - Prayagraj pending in the court of Special Judge, E.C. Act, Prayagraj.

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The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned the Non-bailable warrant dated 07.01.2019 against the applicant and requested to grant some protection, so that applicant may surrender before the court below. The learned counsel for the applicant 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 applicant expeditiously in accordance with law.

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Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 30 days from today and applies 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 30 days from today, no coercive action shall

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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 :- 8.3.2019 AK Pandey

Niyajuddeen v. State of U.P. and Anr.

Case brief

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Niyajuddeen v. State of U.P. and Anr.

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