Disposed

Rajveer Singh v. State of U.P. and Another

Allahabad HC3 Dec 2020A482/17841/2020

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the applicant withdrew his challenge to a non-bailable warrant order but sought protection. The court refused the quashing, granted a 30-day immunity from coercive action, and directed the lower courts to dispose of the pending bail application expeditiously referencing Amrawati and Lal judgments.

What did the court decide?

Relief for quashing refused; immunity from coercive action granted for 30 days; direction to lower court to dispose of bail application expeditiously.

Rajveer Singh Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2020)

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Court No. - 6

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Case :- APPLICATION U/S 482 No. - 17841 of 2020

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Applicant :- Rajveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ved Prakash Mishra 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 for quashing of order dated 03.11.2016 issuing nonbailable warrant, by Chief Judicial Magistrate, J.P. Nagar Amroha in Case No. 2874 of 2016 arising out of Case Crime No. 381 (C) of 2014 (State vs Rajveer Singh), under sections 420, 504, 506 IPC, police station Amroha Nagar, district Amroha.

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After advancing certain arguments at 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 order dated 03.11.2016 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 the relief as sought in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the application of the applicant for recall of N.B.W./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 30 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 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

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Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 Supreme Court Cases, 437.

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For the period of 30 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 Sazia

Rajveer Singh v. State of U.P. and Another

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Rajveer Singh v. State of U.P. and Another

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