Dismissed

Atmaram Yadav@ Atmaram and Another v. State of U.P. and Another

Allahabad HC24 Mar 2023A482/9797/2023

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking to quash non-bailable warrants. The Court held the application an abuse of process as the applicants had previously been dismissed in a similar petition dated 8.12.2022 and had still absconded.

What did the court decide?

The application under Section 482 Cr.P.C. was dismissed as an abuse of the process of the Court.

Atmaram Yadav@ Atmaram and Another Vs State… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 9797 of 2023

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Applicant :- Atmaram Yadav@ Atmaram And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra 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 Ajay Kumar Mishra, learned counsel for the applicants, 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 applicants Atmaram Yadav@ Atmaram, Monu Yadav@Monu, with the prayer to quash the impugned non-bailable warrant dated 16.1.2023 under Sections 308, 323, 504 I.P.C., Police Station Charwa, District Kaushambi, in Case No. 944 of 2021, State vs. Atmaram and another, pending before the Judicial Magistrate, Kaushambi and with the further prayer to stay the entire proceeding of aforesaid case, during pendency of the present application.

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Learned counsel for the applicants argued that appropriate directions be issued to the trial court for deciding the bail application of the applicants on the same day. He states that prayer is confined to the same only and does not press the prayers made in the present 482 Cr.P.C. application for quashing of non bailable warrants dated 16.1.2023.

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Per contra, learned State counsel opposed the petition vehemently and argued that previously the applicants had filed an Application U/S 482 No. 35205 of 2022 which stood rejected vide order dated 8.12.2022, copy of the said order is annexure no. 13 to the affidavit in support of present application, but even then without further challenging the said order the applicants kept absconding and as such the trial court was well within its powers to issue non bailable warrants since the applicants were in the knowledge of the proceedings against them and also of the order taking cognizance dated 10.12.2021 which was the order impugned in the previous 482 Cr.P.C. application. The said order has been placed before the Court.

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After having heard learned counsels for the parties and perusing the records, it is evident that the applicants have filed the

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present Criminal Misc. Application under Section 482 Cr.P.C. challenging the non bailable warrants issued against them vide order dated 16.1.2023 by the trial court. Previously the applicants had challenged the proceedings and the order taking cognizance dated 10.12.2021 passed by the trial court against them. The said petition stood dismissed vide order dated 8.12.2022. There is nothing on record to show that the said order was further subjected to challenge or there is any order passed after the said order. Now the present application has been filed challenging the non bailable warrants issued against them. The applicants were well within their knowledge about the proceedings initiated against them and also the order taking cognizance and summoning them as the same were previously challenged before this Court by them.

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In view of the same, filing of the present application is clearly an abuse of process of the Court and as such the same deserves to be dismissed. According, the present application is dismissed.

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Copy of this order be communicated to the trial court concerned within two weeks from today.

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(Samit Gopal,J.)

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Order Date :- 24.3.2023 Naresh

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

Atmaram Yadav@ Atmaram and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Atmaram Yadav@ Atmaram and Another 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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