Allowed

Nakul and Another v. State of U.P. and Another

Allahabad HC16 Feb 2022A482/3556/2022

Case brief

AI extract

What is this about?

Applicants sought quashing of non-bailable warrants issued after bail in a public property damage case. The court allowed the application, directing the lower court to recall warrants and release the applicants on bail immediately upon their appearance without taking them into custody.

What did the court decide?

Application to quash non-bailable warrants allowed; lower court directed to consider recall application and decide immediately without detaining applicants on bail.

Nakul and Another Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 3556 of 2022

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Applicant :- Nakul And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Pal Singh Chauhan Counsel for Opposite Party :- G.A.

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

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By means of this Application under Section 482 Cr.P.C., the applicants have invoked the inherent jurisdiction of this Court to quash the further proceedings of Criminal Case No.56 of 2014, State Vs. Nandram and others, of Case Crime No.187 of 2013, under Section 2/3 Prevention of Damage to Public Property Act, 1984, P.S. Kiratpur, District Bijnor. Further, prayer for quashing of Charge Sheet No.128/2013 dated 25.07.2013 and cognizance order dated 9.1.2014 & 26.09.2018 respectively passed by the J.M. Najibabad.

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During the course of arguments, learned counsel for the applicants seek permission of the Court to delete his prayer regarding quashing of further proceedings and also for quashing of charge-sheet.

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The prayer is allowed.

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Learned counsel for the applicants is permitted to make necessary corrections in the prayer clause as prayed for, during the course of day.

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Now the instant Application stands only for quashing of cognizance order dated 09.01.2014 and for quashing of N.B.W. dated 26.09.2018.

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It is argued that non-bailable warrants have been issued against the provision of Section 87 Cr.P.C. as after issuance of summons no bailable warrants have been issued against the applicants and directly non-bailable warrants have been passed. When one of the co-accused, namely, Virendra surrendered in the lower court he was taken into custody. His warrant under Section 309 Cr.P.C. was prepared and he was sent to jail. It was only three days after when he could be released on bail so the applicants have an apprehension that if they surrender in the lower court they will be sent into custody without being no fault on their part. The order- sheet of the lower court shows that the present applicants Nakul and Satyapal were released on bail vide order dated 06.02.2014 and now non-bailable warrants

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have been issued against them.

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Though, it is true that in between summons and non-bailable warrants, bailable warrants have not been issued by the lower court but it is also noteworthy that still the applicants are on bail and their bail has not been cancelled and bail bonds have not been forfeited till date, if they appear in the lower court and move an application for recall of non-bailable warrants issued against them, they may get relief only there.

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However, as the offence is under Section 2/3 Prevention of Damage to Public Property Act, 1984 and matter is pending before the lower court since, 2013 without no fault on the part of applicants. The court remained vacant twice for long period, so it would be incumbent upon the lower court that if the applicants appear before the court below and move an application for recall of non-bailable warrants, their application for recall shall be considered and decided on the same day and they shall not be taken into custody.

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The Application under Section 482 Cr.P.C. is allowed , accordingly.

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Order Date :- 16.2.2022 Radhika

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Digitally signed by RADHIKA VISHWAKARMA Date: 2022.02.19 13:47:17 IST Reason: Location: High Court of Judicature at Allahabad

Nakul and Another v. State of U.P. and Another

Case brief

What is this about?

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Nakul and Another v. State of U.P. and Another

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