Disposed

Daya Shankar and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko and Another

Allahabad HC26 Sept 2024/8691/2024

Case brief

AI extract

What is this about?

Application under Section 482 seeking quashing of a charge sheet and non-bailable warrant in a pending criminal case. Court relied on Supreme Court precedents, directed that if applicants appear within two weeks and apply for recall of the warrant, the trial court will decide it expeditiously, with no coercive action for two weeks.

What did the court decide?

Applicants may appear before trial court within two weeks and seek recall of NBW; no coercive action for two weeks.

Daya Shankar and Another Vs State of U.P. Thru. Addl… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66831

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8691 of 2024

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Applicant :- Daya Shankar And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Kirti Prakash Singh,Karan Veer 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 applicants and learned AGA for the State as well as perused the record.

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The present application has been filed for the following main relief:-

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"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned Charge sheet dated 19.4.2013 bearing Charge sheet No.57/2013 including impugned N.B.W. dated 30.1.2019 (Annexure No.1&2).

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It is further prayed that this Hon'ble Court may also kindly be pleased to stay the entire further proceeding of Case No.729 of 2017 (State versus Daya Shankar & others) pending in the court of Additional Chief Judicial Magistrate 3rd Lucknow so far it relates to the petitioner in the interest of justice."

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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 applicants that the applicants would appear before the court concerned, it is provided that if the applicants appear before the court concerned within two weeks from today and move an appropriate application before the trial court including for recall of non-bailable warrant, 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 applicants so far as the proceedings in issue are concerned.

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In case, the applicants do not appear in terms of this order, coercive action shall be taken against them.

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The present application is disposed of in above terms.

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Order Date :- 26.9.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Daya Shankar and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko and Another

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Daya Shankar and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko and Another

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