Disposed

Munna Yadav @ Krishna Murari Yadav v. State of U.P. and Another

Allahabad HC14 Sept 2022A482/10992/2022

Case brief

AI extract

What is this about?

The single judge dismissed the application to quash criminal proceedings and the non-bailable warrant against the applicant for absence during charge framing. However, the court directed the warrant to be kept in abeyance for 15 days pending surrender and a fresh bail application.

What did the court decide?

Non-bailable warrant kept in abeyance for 15 days; application quashing proceedings dismissed.

Munna Yadav @ Krishna Murari Yadav Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 10992 of 2022

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Applicant :- Munna Yadav @ Krishna Murari Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amarjeet Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ram Manohar Narayan Mishra,J.

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

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The instant application u/s 482 Cr.P.C. has been filed by the applicant with the averment that he is an accused in S.T. No. 351 of 2014, under Sections 307, 419, 420, 467, 468, 471 and 427 I.P.C., P.S. Khanpur, District Ghazipur, in which nonbailable warrant has been issued at the stage of framing of charge.

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Learned counsel for the applicant placing contents of affidavit filed in support of the application submitted that accusedapplicant was enlarged on bail by competent court. However, at the stage of session trial for framing of charge, he failed to appear and non-bailable warrant followed by order of Session Court dated 26.2.2015. The applicant has challenged the said non-bailable warrant issued by learned IVth Additional Sessions Judge/Ghazipur and entire criminal proceedings carried out in said session trial. No alleged offence has been committed by the applicant and he has been falsely implicated in the case. Name of the applicant has been disclosed by the driver of the vehicle. Present proceedings are mala-fide and same has been initiated with anoblique motive to harass and humiliate the applicant.

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Learned A.G.A. opposed the prayer and submitted that no plausible and reasonable ground are taken in application before this court for quashing the proceedings. In said sessions trial, applicant has been absent at the stage of framing of charge since 26.2.2015 and due to the said fact, non-bailable warrant is continuing in the case.

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Learned counsel for the applicant further prayed for issuing direction of taking fresh bail bonds from the accused and releasing the accused-applicant on fresh bail.

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Having heard learned counsel for the parties and pursuant to the material available on record, this Court does not find it a fit

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case to quash the non-bailable warrant issued against the applicant or quashing the proceedings of the said criminal case.

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However, looking to the facts and circumstances of the case, it is directed that if the applicant appears and surrenders before the court below within 15 days from today and applies for fresh bail pursuant to non-bailable warrant issued against him and the fact that he is stated to have enlarged on regular bail in past, his prayer for fresh bail shall be considered and decided in view of the law laid down by Hon'ble Apex Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2 009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 15 days from today, non-bailable warrant issued against the applicant shall be kept in abeyance.

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Accordingly, the present application stands disposed of.

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Order Date :- 14.9.2022 A.P. Pandey

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Digitally signed by ANAND PRAKASH PANDEY Date: 2022.09.14 13:49:50 IST Reason: Location: High Court of Judicature at Allahabad

Munna Yadav @ Krishna Murari Yadav v. State of U.P. and Another

Case brief

What is this about?

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Munna Yadav @ Krishna Murari Yadav 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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