Disposed

Yogendra Chaudhary and 3 Others v. State of U.P. and Another

Allahabad HC18 Jan 2020A482/1438/2020

Case brief

AI extract

What is this about?

Single judge court dismissed application to quash non-bailable warrants issued due to non-communication of previous bail order. Court refused quashing due to legal bar but directed warrants kept in abeyance for 30 days to allow surrender and bail consideration under settled law. Case disposed with directions.

What did the court decide?

Non-bailable warrants kept in abeyance for 30 days; applicants directed to appear, surrender and apply for bail within that period.

Yogendra Chaudhary and 3 Others Vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 1438 of 2020

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Applicant :- Yogendra Chaudhary And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dr. C.P. Upadhyay,Abhishek Goswami

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Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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This application under Section 482, Cr.P.C. has been filed for quashing the non bailable warrants dated 3.12.2019 in Criminal Case No. 3064 of 2009 (State Vs. Ram Kumar and Others) arising out of Case Crime No. 1320 of 2009, under Sections 419, 420, 467, 468, 471, 472 I.P.C., Police Station Khalilabad, District Sant Kabir Nagar, pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.

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The contention of learned counsel for the applicants is that applicants are invoking extraordinary jurisdiction of this Hon'ble Court under section 482 Cr.P.C. After disposing off the connected Crl. Misc. Application under section 482 Cr.P.C. No. 18759 of 2010 and Crl. Misc. Application Under section 482 Cr.P.C. No. 10195 of 2010 vide order dated 17.4.2019, this court has granted 30 days time to the applicants to apply for bail and till then no coercive action shall be taken against them but due to non-communication of this order to the applicants, they could not appear before the learned trial court within time and therefore, non-bailable warrants were issued against them vide order dated 3.12.2019.

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Having heard the learned counsel for the applicants and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.

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However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by Apex Court .

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For a period of 30 days from today, non-bailable warrants issued against the applicants, shall be kept in abeyance.

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With the aforesaid direction, the present application stands disposed off .

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Order Date :- 18.1.2020 Vibha Singh

Yogendra Chaudhary and 3 Others v. State of U.P. and Another

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Yogendra Chaudhary and 3 Others v. State of U.P. and Another

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