Disposed

Tahir v. State of U.P.

Allahabad HC2 May 2019CRLA/3426/2019

Case brief

AI extract

What is this about?

The High Court disposed of an appeal against a recovery warrant issued in a criminal trial. Directing the appellant to file a recall application before the trial court within 15 days, it instructed the trial court to dispose of the application expeditiously by a reasoned order.

What did the court decide?

Appeal disposed; appellant directed to file recall application before trial court within 15 days along with certified copy of this order.

Tahir Vs State of U.P. — Allahabad HC (2019) — LawSathi Research

¶1

Court No. - 80

¶2

Case :- CRIMINAL APPEAL No. - 3426 of 2019

¶3

Appellant :- Tahir Respondent :- State Of U.P. Counsel for Appellant :- Ranjeet Asthana Counsel for Respondent :- G.A.

¶4

Hon'ble Pradeep Kumar Srivastava,J.

¶5

Heard learned counsel for the appellant and learned AGA for the State and perused the record.

¶6

This appeal has been filed against the order dated 12.02.2018 passed by the Additional Sessions Judge, Bulandshahr in Sessions Trial No. 47 of 2013 (State vs. Yusuf Kari), arising out of Case Crime no. 51/195 of 2012, under sections 363, 366, 376 I.P.C., P.S. Kotwali Dehat, District -Bulandshahr pending in the court of Additional District Judge/FTC Court no. -3 by which a recovery warrant has been issued against the appellant.

¶7

Learned counsel for the appellant has submitted that earlier appellant was surety of the accused person and subsequently, in pursuance of another order of bail, fresh sureties were filed, therefore, he is not at all responsible as surety of the accusedappellant for another bail order. Learned counsel for the appellant has further submitted that after getting another bail order, accused appellant is absconding for which subsequent sureties are responsible. But, a recovery warrant was wrongly issued against the appellant by the learned trial court.

¶8

If it is so, the appellant should have filed a recall application before the learned trial court explaining the situation. It has been submitted by the appellant that no such application was filed by the appellant.

¶9

Considering the factual position of the case, it is directed that

¶10

the appellant may file an application before the learned trial court requesting for the recall of the impugned order explaining the situation within 15 days from today alongwith certified copy of this order and if, any such application is made, the learned trial court is directed to dispose of the said application in accordance with law by reasoned order expeditiously as early as possible.

¶11

Thereupon, if the appellant find himself to be aggrieved with the order of the trial court, he may file a fresh appeal.

¶12

With the above observation, appeal is finally disposed of.

¶13

Order Date :- 2.5.2019 Bhanu

Tahir v. State of U.P.

Case brief

What is this about?

What did the court decide?

Tahir v. State of U.P.

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

Wahid Ali Khan @ Lujja @ Munna Vs State of U.P.

Jitendra and 4 Others Vs State of U.P.

Zamil Vs State of U.P.

Dharmendra Vs State of U.P.

Muzammil Vs State of U.P.

Nirdosh Kumar @ Raja Pandit Vs State of U.P.