Dismissed

Vikram Singh v. State of U.P.and Another

Allahabad HC10 Feb 2022A482/3100/2022

Case brief

AI extract

What is this about?

The High Court, Allahabad, rejected an application under Section 482 Cr.P.C. seeking to set aside non-bailable warrants issued by the trial court. The Court held that the applicant had failed to comply with a previous High Court order directing him to file a discharge application, rendering the current application without merit.

What did the court decide?

The application under Section 482 Cr.P.C. was rejected and the non-bailable warrants stand affirmed.

Vikram Singh Vs State of U.P.and Another — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 34

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Case :- APPLICATION U/S 482 No. - 3100 of 2022

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Applicant :- Vikram Singh Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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

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This application has been moved to set aside the N.B.W. order dated 27.7.2019 passed by learned A.C.M.M. Court No. 3 Kanpur Nagar in complaint case no. 8787 of 2016, Smt. Chhidana Vs. Vishal Singh and others, under section 420, 504, 506 I.P.C. police station Bidhanoo District Kanpur Nagar.

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It is argued by the learned counsel for the applicant that previously also he had filed an application u/s 482 no.20069 of 2019 wherein he was granted liberty to file a discharge application in the court below and the concerned court was to decide the same within forty five days but this order was not complied with till today rather non bailable warrants have been issued, so the prayer to set aside the non bailable warrants is made.

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I have gone through the order dated 21.5.2019 passed by this court in application 482 no. 20069 of 2019 wherein the court had granted 15 days time to the applicant to appear and move the discharge application before the court below and the court was directed to decide the same within 45 days thereafter and till then for taking no coercive steps against the applicant was also ordered.

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Order sheet dated 27.7.2019 clearly indicates that the applicant has not complied with the order dated 21.5.2019. Neither he appeared before the court below nor moved discharge application as directed by the High Court and in compliance of the order dated 21.5.2019 his discharge application has not been decided yet. So far as the prayer regarding the setting aside the NBW order dated 27.7.2019 is concerned, the present application has been moved on 13.1.2022 about two and a half years after the date of issuing the non bailable warrants while the applicant was having full knowledge of the case pending in the lower court. In the year 2019 he obtained order of this court and thereafter he continuously remained absent in the court

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below and now he has moved the present application to set aside the non bailable warrants.

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In my opinion, neither any ground is there to set aside the non bailable warrants nor this is the appropriate forum/ court to set aside the non bailable warrants issued against the applicant in proceedings under section 482 Cr.P.C. The application has no merits and is liable to be rejected.

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The present applicant is hereby rejected.

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Order Date :- 10.2.2022 Gss

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Digitally signed by GIRAJA SHANKER SHARMA Date: 2022.02.11 15:01:42 IST Reason: Location: High Court of Judicature at Allahabad

Vikram Singh v. State of U.P.and Another

Case brief

What is this about?

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Vikram Singh v. State of U.P.and Another

Case brief

What is this about?

What did the court decide?

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