Dismissed

Avadhesh Yadav v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

Allahabad HC12 Oct 2023/9951/2023

Case brief

AI extract

What is this about?

The court disposed of an application under Section 482 Cr.P.C. to quash criminal proceedings. It permitted the applicant to file a bail application within three weeks and stayed the non-bailable warrant for that period, reversing only if the applicant fails to cooperate.

What did the court decide?

Stay of non-bailable warrant for three weeks and liberty to file bail application within that period.

Avadhesh Yadav Vs State of U.P. Thru. Addl… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:66321

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 9951 of 2023

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Applicant :- Avadhesh Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Durgesh Kumar Shukla,Manish Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, Sri Girijesh Kumar Dwivedi,learned A.G.A. for the State-opposite parties and perused the record.

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The instant application under section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of Criminal Case No. 5430 of 2022 'State Vs Avadhesh Yadav' and the chargesheet dated 05-03-2020 having Crime No. 28 of 2020, under sections 406,420,506 of I.P.C., Police Station-Vikas Nagar, District-Lucknow.

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Learned counsel for the applicant submits that the present applicant due to unavoidable circumstances could not appear before the court and thereafter, Non Bailable Warrant was issued against the applicant, which is also under challenge in this application.

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On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contention aforesaid and submits that the applicant is using the delay-dallying tactics in the matter and as such, the applicant is not entitled for any relief.

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In rejoinder, learned counsel for the applicant submits that the interest of justice would be subserved if the present applicant is permitted to surrender before the court concerned and may file bail application and the same may be directed to be considered within the stipulated period of time as may be fixed by this court.

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Learned counsel further undertakes that the applicant will appear before the court below within a period of three weeks and will apply for bail.

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The counsel appearing for the State has no objection to the contentions abovesaid.

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In view of the aforesaid submissions, the applicant is at liberty to apply bail application within three weeks from today and if such application is filed, the same shall be decided expeditiously.

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For the period of three weeks only, the nonbailable warrant issued against the applicant shall remain stayed.

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However, if the applicant does not appear before the court below within the aforesaid period and does not cooperate with the trial proceedings, this order shall stand revoked and no benefit of this order shall accrue to him.

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The application is disposed of.

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Order Date :- 12.10.2023 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Avadhesh Yadav v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Avadhesh Yadav v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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