Disposed

Teji Singh Shankhwar v. State of U.P. through its Principal Secretary Home U.P. and another

Allahabad HC21 Jul 2022A482/10669/2022

Case brief

AI extract

What is this about?

This short order disposed of an application under Section 482 Cr.P.C. seeking quashing of a non-bailable warrant. The court, without commenting on merits, directed the applicant to move an application to cancel the warrant before the trial court and kept such warrants in abeyance for six weeks.

What did the court decide?

Non-bailable warrants kept in abeyance for six weeks; applicant directed to move an application to cancel the warrant before the lower court within four weeks.

Teji Singh Shankhwar Vs State of U.P. through its… — Bail and Remand | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 10669 of 2022

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Applicant :- Teji Singh Shankhwar Opposite Party :- State Of U.P. Through Its Principal Secretary Home U.P. And Another Counsel for Applicant :- Mohammad Sadab Khan Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Tripathi,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the impugned Non Bailable Warrant dated 19.10.2021 in SST No. 70 of 2014, under Sections 363, 366, 368 IPC, arising out of Case Crime No. 296 of 2014 at Police Station- Bidhnoo, District- Kanpur Nagar.

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Learned counsel for the applicant contends that earlier applicant had been granted bail by this Court 0n 27.11.2015, but due to COVID-19 pandemic, applicant became unable to attend the court and non-bailable warrant has been issued against the applicant. Applicant undertakes that he will appear and participate in the trial.

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Considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the following direction:

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(i) the applicant shall move an application to cancel the nonbailable warrant issued against him before the court below within four weeks from today along with the certified copy of this order;

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(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrant issued against the applicant or to direct the applicant to file fresh bail bonds within a further period of one week, thereafter;

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(iii) for a period of six weeks from today, non-bailable warrants issued against the applicant shall be kept in abeyance.

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In the event of failure, on part of the applicant to act within

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time as directed above, the Court below may adopt all coercive measures to ensure their appearance.

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Order Date :- 21.7.2022 Priya

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Digitally signed by PRIYA KUSHWAHA Date: 2022.07.21 16:13:14 IST Reason: Location: High Court of Judicature at Allahabad

Teji Singh Shankhwar v. State of U.P. through its Principal Secretary Home U.P. and another

Case brief

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Teji Singh Shankhwar v. State of U.P. through its Principal Secretary Home U.P. and another

Case brief

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