Disposed

Anuj Tiwari and Another v. State of Up and Another

Allahabad HC25 Mar 2019A482/8824/2019

Case brief

AI extract

What is this about?

The applicant requested quashing of a warrant and charge sheet, subsequently withdrawing the attack on the warrant. The court directed lower courts to hear bail/recall applications expeditiously if applicants surrendered within 45 days and stayed coercive action for that period before disposing of the application.

What did the court decide?

Direct lower courts to expedite bail recall application if applicants appear within 45 days; no coercive action for 45 days.

Anuj Tiwari and Another Vs State of Up and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 8824 of 2019

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Applicant :- Anuj Tiwari And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Sudhanshu Pandey 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 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 Non-bailable warrant dated 16.1.2019 as well as charge-sheet dated 19.12.2015 arising out of Case Crime No. 99 of 2015, under Sections 323, 504, 506, 406 IPC, Police Station Mahila Thana, District - Gautam Budh Nagar pending in the court of learned Civil Judge (Junior Division), Fast Track Court, Gautam Budh Nagar.

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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 16.1.2019 against the applicants 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 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

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be taken against the applicants.

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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 :- 25.3.2019 AK Pandey

Anuj Tiwari and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Anuj Tiwari and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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