Ajeem v. State of U.P.
Case brief
What is this about?
Single judge quashed NBW and recall order dismissing application for failure to appear on single day during pending appeal, directing expedited disposal.
What did the court decide?
NBW dated 10.8.2021 and order dated 7.7.2022 quashed; lower appellate court directed to conclude hearing within four months.
What the court decided
Court No. - 87
Case :- APPLICATION U/S 482 No. - 23734 of 2022
Applicant :- Ajeem Opposite Party :- State of U.P. Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Mirza Ali Zulfaqar, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA for the State.
The instant application has been moved on behalf of the applicant with the prayer to quash nonbailable warrant dated 10.8.2021 against the applicant and order dated 7.7.2022 passed by Additional District Judge FTC-II, Hapur in Criminal Appeal No. 86 of 2019 arising out of Case Crime No. 4117 of 2017.
Learned counsel for the applicant submitted that applicant was convicted by the trial court under Section 4/25 Arms Act and was awarded one year simple imprisonment and against the conviction order passed by the trial court, applicant preferred an appeal before the sessions court which is pending in the court of Additional District Judge FTC-II, Hapur as Criminal Appeal No. 86 of 2019.
He next submitted that although the counsel for the appellant was continuously put his appearance before the appellate court but on 10.8.2021 he could not appear before the appellate court and the NBW was issued by the lower appellate court against the applicant and when applicant moved
Issues for consideration
1 issue framed by the court
Whether a non-bailable warrant issued for single-day absence of counsel during pending criminal appeal is sustainable.
Parties & counsel
- applicant
Ajeem
- respondent
State of U.P.
Coram
Sameer Jain
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- A482/23734/2022
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