Disposed

Surendra Yadav and Another v. State of U.P. and Another

Allahabad HC14 Dec 2020A482/18088/2020

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of a non-bailable warrant (N.B.W.), the court held that dismissed applicants on bail must approach the trial court to seek cancellation of the N.B.W. and ordered the application under Section 482 Cr.P.C. disposed accordingly.

What did the court decide?

Prayer to quash N.B.W. order dismissed; applicants directed to move application to trial court for cancellation.

Surendra Yadav and Another Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 3 Case :- APPLICATION U/S 482 No. - 18088 of 2020 Applicant :- Surendra Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Chaubey 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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This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the N.B.W order dated 15.03.2017, in Session Trial No. 386 of 2013 (State of U.P Vs. Surendra and another), arising out of case crime no. 1098 of 2008, under Section 323, 325, 504, 506 of I.P.C and Section 3 (1) 10 of SC/ST Act, Police Station Deogaon, District Azamgarh pending in the Court of Special Judge (SC/ST Act), Azamgarh.

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The learned counsel for the applicants contends that applicants have been granted bail vide order 28.02.2012 by the court below. Thereafter, the applicants remained present before the court concerned. On 15.03.2017 N.B.W was issued against the applicants. Applicants came to know in the year 2017 that opposite party no. 2, Lal Chandra (informant) had died and with the impression that the case has become infructuous, the applicants could not appear before the court concerned.

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Learned A.G.A vehemently opposed the prayer.

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Annexure no. 5 of the affidavit is the copy of order sheet which transpires that the applicants were present before the court concerned before the order dated 15.03.2017 and N.B.W was issued against Surendra Yadav and Dau Yadav being absent before the court concerned.

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Admittedly, both the applicants were on bail. Applicants may move an application before the court concerned with the prayer to cancel the N.B.W on the grounds as has been stated in this application and the same shall be considered and shall be disposed of by the court concerned according to law.

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

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Order Date :- 14.12.2020 PS

Surendra Yadav and Another v. State of U.P. and Another

Case brief

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What did the court decide?

Surendra Yadav and Another 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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