Disposed

Dharmendra v. State of U.P. and Another

Allahabad HC28 Mar 2023A482/9229/2023

Case brief

AI extract

What is this about?

This order dismissed the prayer to quash a summoning order and N.B.W. as not pressed. Instead, the court stayed the N.B.W.s for two weeks if the applicant appears for bail, clarified no extension would be granted, and dismissed the petition on disposal.

What did the court decide?

Non-bailable warrants stayed pending appearance for bail; prayer for quash dismissed as not pressed; no extension of time permitted.

Dharmendra Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 9229 of 2023

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Applicant :- Dharmendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Amit Srivastava, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant Dharmendra with the prayer to quash the impugned summoning order dated 13.8.2019 and N.B.W. order dated 10.8.2022 as well as consequential order dated 6.1.2023 passed by Judicial Magistrate, Sadar, Fatehgarh, Farrukhabad in Complaint Case No. 86 of 2019,Smt. Nirmala Devi vs. Dharmendra and others, under Sections 498A, 323 I.P.C., P.S. Mahila Thana Fatehgarh, District Farrukhabad, and with the further prayer to stay the further criminal proceeding of said complaint case.

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At the very outset, learned counsel for the applicant states that he does not want to press the prayer for quashing of summoning order/non-bailable warrants order. He states that the purpose of the applicant would be served if he is permitted to appear before the trial court within a period of two weeks from today and file a regular bail application but till then the non-bailable warrants as issued may be kept in abeyance.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.

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In view of the above, the prayer for quashing of summoning order/non bailable warrant is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant appears and applies for bail before the court concerned within two weeks from today, the same shall be considered and decided in accordance

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with law. Till the aforesaid period, the non-bailable warrants shall be kept in abeyance.

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It it clarified that if the accused-applicant does not appear before the court concerned by the said date, the court concerned shall proceed against him in accordance with law.

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It is further clarified that no application for extension of time as granted by this Court shall be entertained.

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The present application is disposed of.

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(Samit Gopal,J.)

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Order Date :- 28.3.2023 #Naresh#

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Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Dharmendra v. State of U.P. and Another

Case brief

What is this about?

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Dharmendra v. State of U.P. and Another

Case brief

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