Disposed

Manveer @ Monu v. State of U.P. and Another

Allahabad HC26 Nov 2020A482/17200/2020

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash a non-bailable warrant, the single judge granted the applicant 30 days to apply for bail before the court concerned. The court meanwhile kept the operation of the warrant in abeyance, conditional on the applicant appearing within the stipulated time.

What did the court decide?

Time granted of 30 days to apply for bail before court concerned; operation of non-bailable warrant kept in abeyance.

Manveer @ Monu Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2020)

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Court No. - 40

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Case :- APPLICATION U/S 482 No. - 17200 of 2020

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Applicant :- Manveer @ Monu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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

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The present application under Section 482 Cr.P.C. has been filed for quashing non-bailable warrant dated 23.12.2019 issued by Civil Judge (J.D.)/ Judicial Magistrate, Jalesar, District Etah in Case No.01 of 2020 C.N.R. No.UPET No.12000342020 (State vs. Anil Kumar Dhimar and others) and in Case Crime No.138 of 2019, under Section 420 I.P.C. and Section 60/63/72 of Excise Act, Police Station Awagarh, District Etah.

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Learned counsel for the applicant contends that the applicant is willing to move an application for bail before the court concerned and time may be granted to appear before the court concerned to apply for bail.

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Learned A.G.A. opposes the application filed under Section 482 Cr.P.C. on the ground that there is no illegality in issuing non bailable warrant.

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As the applicant is willing to move application for bail before the court concerned, therefore, 30 days' time is granted to the applicant to surrender before the court concerned.

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Without expressing any opinion on merit, in view of the facts, if the applicant appears before the court concerned within 30 days from today and applies for bail, it is expected that the same will be considered and disposed off, expeditiously, in accordance with law.

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Meanwhile operation of non-bailable warrant dated 23.12.2019 issued by Civil Judge (J.D.)/ Judicial Magistrate, Jalesar, District Etah in Case No.01 of 2020 C.N.R. No.UPET No.12000342020 (State vs. Anil Kumar Dhimar and others) and in Case Crime No.138 of 2019, under Section 420 I.P.C. and Section 60/63/72 of Excise Act, Police Station Awagarh, District Etah shall be kept in abeyance.

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However, in case, the applicant does not appear before the court concerned within the aforesaid period, protection granted shall be deemed to be vacated automatically.

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With the aforesaid direction the application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 26.11.2020

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Asha

Manveer @ Monu v. State of U.P. and Another

Case brief

What is this about?

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Manveer @ Monu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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