Dismissed

Vikash Tiwari @ Satya Prakash Tiwari v. State of U.P. and Another

Allahabad HC6 Jan 2021A482/16774/2020

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought to quash an order issuing a non-bailable warrant. The court found the applicant at fault for continuous non-appearance and refusal to point out illegality, rejecting the prayer.

What did the court decide?

The prayer to quash the order issuing non-bailable warrant is refused and the application is rejected.

Vikash Tiwari @ Satya Prakash Tiwari Vs State of… — Criminal Trial and Appeal | Allahabad HC (2021)

¶1

Court No. - 78 Case :- APPLICATION U/S 482 No. - 16774 of 2020 Applicant :- Vikash Tiwari @ Satya Prakash Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Kumar Dubey,Surendra Nath Dubey Counsel for Opposite Party :- G.A.

¶2

Hon'ble Anil Kumar-IX,J.

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

¶4

This application under Section 482 Cr.P.C. has been filed by applicant to allow this application and set-aside the Non Bailable Warrant order dated 02.07.2020 passed by the Learned Additional Civil Judge/POCSO-II, Varanasi in Special Session Trial No.128 of 2015 (State Vs. Vikas Tiwari), related to Case Crime No.249 of 2013, u/s 354-A, 452, 506 I.P.C., and Section 7/8 of POCSO Act, in Police Station Phoolpur, DistrictVaranasi.

¶5

Learned Counsel for the applicant submitted that F.I.R. of this case was registered on 11.09.2013 and after submission of chargesheet cognizance has been taken on 02.11.2015. Applicant is on bail in this case. Applicant is doing job in Maharashtra for his livelihood since 2012. He could not appear before the Court as he had no knowledge of summon/warrant issued by the Court against him. He was in impression that Police would submit final report closing the case against him.

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The only prayer is to quash the impugned order for issuing Non Bailable Warrant against him.

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In this case cognizance has taken on 02.11.2015. On continuous non appearance of the applicant before the Court on fixed dates, order to issue Non Bailable Warrant and notice to sureties have been passed. Learned Counsel for the applicant could not point out any illegality or good ground which may warrant interference by this Court for setting aside the impugned order. Applicant may approach to the Court concerned for the prayer sought in this application.

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Prayer to quash the impugned order to issue non-bailable warrant is hereby refused.

¶9

Accordingly, the instant application u/s 482 is rejected.

¶10

Order Date :- 6.1.2021/Sachin

Vikash Tiwari @ Satya Prakash Tiwari v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vikash Tiwari @ Satya Prakash Tiwari v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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