Disposed

Abdul Kalam v. State of U.P. and Another

Allahabad HC15 Feb 2023A482/4875/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court directed that the non-bailable warrant against the applicant be kept in abeyance subject to his appearance in court. The court also permitted liberty to file a discharge application, directing the lower court to consider it according to law.

What did the court decide?

Non-bailable warrant kept in abeyance; liberty granted to file discharge application; trial court directed to consider discharge application.

Abdul Kalam Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 51

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Case :- APPLICATION U/S 482 No. - 4875 of 2023

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Applicant :- Abdul Kalam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Singh,Shivam Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vikram D. Chauhan,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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This application under Section 482 Cr.P.C. has been filed by applicant for quashing the entire criminal proceedings of charge sheet dated 30.9.2021 in S.T. No.769 of 2022 arising out of Case Crime No.187 of 2021, under Sections 366, 354, 376, 120-B IPC, P.S. Bairiya, District Ballia, pending in the court of learned Additional Sessions Judge/F.T.C. Second Ballia and congizance order dated 2.11.2021 as well as N.B.W. order dated 3.1.2023.

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It is submitted by learned counsel for the applicant that earlier the applicant was granted bail in respect of the alleged offence. However, he could not appear before the court concerned as he is a government servant. It is further submitted that due to non appearance of applicant, non bailable warrant was issued on 3.1.2023 against the applicant. Learned counsel for the applicant further undertakes that applicant is ready to appear and will remain present before the court concerned and participate in the proceedings unless exempted by the court concerned.

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Learned AGA submits that in case the applicant participates in the court below proceeding, he would have no objection, if non bailable warrant be kept in abeyance

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Considering the facts and circumstances of the case and submission of learned counsel for the parties, it is hereby provided that non bailable warrant issued vide order dated 3.1.2023, shall remain kept in abeyance, provided that the applicant shall appear before the court concerned on the next date fixed and subsequent dates and participate in the trial court proceedings.

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At this stage, learned counsel for the applicant submits that liberty may be granted to the applicant to file discharge application.

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It goes without saying that filing of discharge application is a right of the accused according to the Code of Criminal Procedure.

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In case any such discharge application is filed, the court below shall consider the same in accordance with law.

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With the aforesaid observation/direction, the application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 15.2.2023 D. Tamang

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Abdul Kalam v. State of U.P. and Another

Case brief

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Abdul Kalam v. State of U.P. and Another

Case brief

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