Dismissed

Shri Sushil Nanda v. State of U.P. and Another

Allahabad HC3 Dec 2020A482/16453/2020

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the applicant gave up the challenge to a non-bailable warrant but requested expeditious bail consideration. The court directed the lower courts to decide the bail application within 45 days and stayed coercive action.

What did the court decide?

The application is disposed of. The lower court is directed to decide the bail application within 45 days. No coercive action shall be taken against the applicant for this period.

Shri Sushil Nanda Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2020)

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Court No. - 6

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Case :- APPLICATION U/S 482 No. - 16453 of 2020

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Applicant :- Shri Sushil Nanda Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Misra 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, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the Non-bailable warrant dated 20.01.2020 and proceedings of complaint case no. 788 of 2012, under Sections 220 (3) of the Companies Act, 1956, District - Meerut pending in the court of Special Chief Judicial Magistrate, Meerut.

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After advancing certain arguments at some length by the learned counsel for the applicant, when the Court put certain query to him, he gave up his challenge to the aforesaid impugned Non-bailable warrant dated 20.01.2020 against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned 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 on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously in accordance with law.

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In view of above, the relief as sought by the applicant in the instant application is refused .

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Considering the aforesaid prayer made by learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with law keeping in view of the Seven Judges' decision of this Court in the case of Amrawati and another

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Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 Supreme Court Cases, 437 .

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For the period of 45 days from today or till the date of appearance of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant in the above case.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 3.12.2020 AK Pandey

Shri Sushil Nanda v. State of U.P. and Another

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Shri Sushil Nanda v. State of U.P. and Another

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