Disposed

Abbu Sahema v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko. and Another

Allahabad HC19 Nov 2024/10412/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. and Section 528 BNSS. The court allowed the applicant two weeks to appear, move appropriate applications before the trial court, and recall the non-bailable warrant. During this period, no coercive action was to be taken.

What did the court decide?

No coercive action against the applicant for two weeks if he appears before the trial court; failure to appear attracts coercive action.

Abbu Sahema Vs State of U.P. Thru. Its Prin… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:76176

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 10412 of 2024

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Applicant :- Abbu Sahema Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Surya Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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

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The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):-

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"For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash/set aside the order dated 22.10.2024 passed by the A.S.J/ F.T.C (New) Sitapur, in S.T.No. 1022/2023, Case Crime No. 141/2023, under Sections-376, 323,506 IPC, P.S.-Kotwali Mahmoodabad, District-Sitapur, by which the N.B.W has been issued against the applicant and closed the opportunity of cross-examination to the applicant and all consequential orders.

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This Hon'ble Court may further be pleased to stay the order dated 22.10.2024 passed in Case Crime No. 141/2023, under Sections-376, 323,506 IPC, P.S.-Kotwali Mahmoodabad, District-Sitapur, pending before A.S.J/ F.T.C (New) Sitapur by which the N.B.W has been issued against the applicant and closed the opportunity of cross- examination to the applicant and all consequential orders, during pendency of this petition."

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Considering the facts and circumstances of the case as also the law laid down by the Hon'ble Apex Court in the case of Inder Mohan Goswami and another vs. State of Uttranchal and others reported in (2007) 12 SCC 1, Sunil Tyagi vs. Govt. of NCT of Delhi and another reported in 2021 SCC OnLine Del 3597 and Satender Kumar Antil versus Central Bureau of Investigation and another reported in (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and the statement of counsel for the

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applicant that the applicant would appear before the court concerned, it is provided that if the applicant appears before the court concerned within two weeks from today and move appropriate application(s) before the trial court including for recall of non-bailable warrant and recall of order dated 22.10.2024, the same shall be considered and decided by the trial court expeditiously strictly in accordance with law.

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For a period of two weeks, no coercive action shall be taken against the applicant so far as the proceedings in issue are concerned.

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In case, the applicant does not appear in terms of this order, coercive action shall be taken against him.

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The present application is disposed of in above terms.

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Order Date :- 19.11.2024 Anand/-

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Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Abbu Sahema v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko. and Another

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Abbu Sahema v. State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko. and Another

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Abbu Sahema vs State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko. and Another