Disposed

Pramod Kumar Srivastava v. State of U.P.and 3 Others

Allahabad HC29 Aug 2022A482/25208/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash non-bailable warrants, the High Court stayed the warrants for two weeks pending the applicant's appearance in the trial court. If the applicant fails to appear, the order vacates automatically. The application was disposed of.

What did the court decide?

Stay of the impugned non-bailable warrants for two weeks, subject to the applicant's appearance in the trial court.

Pramod Kumar Srivastava Vs State of U.P.and 3… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 25208 of 2022

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Applicant :- Pramod Kumar Srivastava Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Anil Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Anoop Swaroop Srivastava, Advocate holding brief of Sri Anil Kumar Srivastava, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant-Pramod Kumar Srivastava with the prayer to quash the impugned non bailable warrants dated 29.11.2021 issued by the Special Judge (Anti Corruption) (U.P.S.E.B.), Gorakhpur in Case Crime No. 29 of 1994 and Trial No. 22 of 2000, under Sections 218, 467, 468, 471, 409, 120B I.P.C. read with Section 13(2) of Prevention of Corruption Act, Police Station Vigilance Establishment, pending in the court of Special Judge (Anti Corruption) (U.P.S.E.B.), Gorakhpur with the further prayer to stay the effect and implementation of the impugned non bailable warrants dated 29.11.2021 issued against the applicant in the said case.

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Learned counsel for the applicant states that non bailable warrants have been issued against the applicant by means of the impugned order. He states that non bailable warrants have been issued against the applicant as he was not aware of the fact that his Application U/S 482 Cr.P.C. No. 575 of 2001 has been dismissed by this Court. He states that the applicant is willing and ready to appear before the trial court within a period of two weeks from today and in the meantime, his interest may be protected as he may approach concerned persons for pleading his cause.

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Per contra, learned State counsel opposed the prayer for quashing the impugned non bailable warrants and states that the applicant had previously filed an Application U/S 482 Cr.P.C. No. 575 of 2001 Pramod Kumar Srivastava vs. State of U.P. and others, which has been dismissed vide order dated 5.8.2019, copy of which is annexure no. 3 to the affidavit, and in compliance of the same non bailable warrants have been issued against him. However, learned State counsel has no objection to the proposition as stated by learned counsel for the applicant.

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Looking to the limited prayer of learned counsel for the applicant, it is provided that the applicant may appear before the concerned court below within two weeks from today. For a period of two weeks, effect and operation of the impugned order dated dated 29.11.2021 issued by the Special Judge (Anti Corruption) (U.P.S.E.B.), Gorakhpur in the aforesaid case shall remain in abeyance.

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If the applicant does not appear before the court concerned within the said period, this order shall automatically stand vacated without any further reference of this Court.

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The application is disposed of.

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(Samit Gopal,J.)

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Order Date :- 29.8.2022 Naresh

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Digitally signed by NARESH KUMAR Date: 2022.08.29 17:33:04 IST Reason: Location: High Court of Judicature at Allahabad

Pramod Kumar Srivastava v. State of U.P.and 3 Others

Case brief

What is this about?

What did the court decide?

Pramod Kumar Srivastava v. State of U.P.and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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