Disposed

Amir v. State of U.P. and Another

Allahabad HC24 May 2023A482/18262/2023

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the applicant sought recall of a non-bailable warrant issued due to inability to appear in court. The High Court directed the filing of a recall application within two weeks and deferred coercive action during that period.

What did the court decide?

Directed to file recall application within two weeks; coercive action stayed pending compliance.

Amir Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:115744

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 18262 of 2023 Applicant :- Amir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babu Ram Yadav,Sameer Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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

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The present application under Section 482 Cr.P.C. has been filed with the prayer to direct the court concerned i.e. Additional Session Judge, Ghaziabad to consider the application for recalling the order of non-bailable warrant/ N.S. dated 18.04.2019 in Session Trial No. 361 of 2016, State v. Monu and others, arising out of Case Crime No. 573 of 2015, under Sections 307, 398, 401 I.P.C., Police Station Kavi Nagar, District Ghaziabad issued against the applicant and to pass the appropriate order in accordance with law.

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It is submitted that earlier the applicant was granted bail by the trial court on 12.06.2015. Thereafter the applicant had been appearing before the Court concerned. On 18.04.2019 due to unavoidable circumstances the applicant could not appear before the court concerned, consequently non-bailable warrant has been issued. It is further contended that the applicant has every intention to appear before the court concerned and face the trial and he shall not seek any adjournment. Learned counsel for the applicant has also urged that an opportunity may be granted to the applicant to file an application for recall of the order issuing non-bailable warrant.

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Looking to the facts and circumstances of the case it is provided that if the applicant files an application for recall of the order issuing non-bailable warrant within a period of two weeks from today, the said application shall be considered and disposed of expeditiously in accordance with law. For a period of two weeks from today, no coercive action shall be taken against the applicant. However, in case the applicant does not file the application before the Court concerned within the aforesaid period, coercive action shall be taken against him.

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With the aforesaid observations, this application is finally disposed of.

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Order Date :- 24.5.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Amir v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Amir v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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