Disposed

Aashish Kumar Mishra @ Aashish Kumar Fatendra Nath Mishra v. State of Up and Another

Allahabad HC17 Jan 2020A482/2085/2020

Case brief

AI extract

What is this about?

This Section 482 Cr.P.C. application sought permission to surrender and protection from a non-bailable warrant. The court refused to quash the underlying proceedings but granted fifteen days to surrender, keeping the warrant in abeyance during that period.

What did the court decide?

Permission granted to surrender within fifteen days; effect of non-bailable warrant kept in abeyance for fifteen days.

Aashish Kumar Mishra @ Aashish Kumar Fatendra Nath Mishra… — Quashing and FIR | Allahabad HC (2020)

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 2085 of 2020 Applicant :- Aashish Kumar Mishra @ Aashish Kumar Fatendra Nath Mishra

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Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Shukla,Anil Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Vakalatnama filed today by Shri S.K. Srivastava, Advocate on behalf of opposite party no.2 is taken on record.

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Heard learned counsel for the applicant, learned counsel for the opposite party no.2 as well as 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 seeking permission to surrender the applicant before the Court below with interim protection for few days in regard to charge sheet in case crime no. 196 of 2016 under Sections 498-A, 377, 323, 504, 506, 315, 511 IPC and Section 3/4 D.P. Act, P.S. Nizamabad, District Azamgarh and the cognizance order dated 8.4.2019 passed by A.C.J.M., Azamgarh in criminal case no. 6683 of 2019.

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During course of arguments, learned counsel for applicant submitted that non-bailable warrant has been issued against the applicant. It is further submitted by learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.

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Learned AGA appearing for the State and learned counsel for the opposite no. 2 opposed the prayer.

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Having regard to the facts and circumstances of the case, after perusing the impugned order as well as the materials brought on record and having considered the submissions made by the learned counsel for the parties, I do not find any good ground to quash the impugned order. The prayer made in the application is refused.

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However, without expressing any opinion on the merits of the case, the application is disposed of with a direction to the applicant to surrender before the court below within fifteen days from today which will be considered by the Court concerned in accordance with law. For a period of fifteen days from today, effect and operation of non-bailable warrant issued against the applicant shall be kept in abeyance.

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In case of default, the Court below will be at liberty to take all coercive steps against the applicant for ensuring his/ her appearance.

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With the aforesaid observations, the application is disposed of.

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Order Date :- 17.1.2020

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safi

Aashish Kumar Mishra @ Aashish Kumar Fatendra Nath Mishra v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Aashish Kumar Mishra @ Aashish Kumar Fatendra Nath Mishra v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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