Disposed

Ashok Kumar Choudhary v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC3 Oct 2024/8801/2024

Case brief

AI extract

What is this about?

The Court considered an application under Section 482 Cr.P.C. to set aside non-bailable warrants and quash proceedings. Instead of deciding the application, the Court granted the applicant three weeks to appear before the trial court and move an appropriate application for recall of warrants.

What did the court decide?

Three weeks granted for applicant to appear and move appropriate application for recall of warrants; no coercive action during this period.

Ashok Kumar Choudhary Vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:68286

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8801 of 2024

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Applicant :- Ashok Kumar Choudhary Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Atma Ram Mishra,Samanvya Dhar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard Sri Samanvya Dhar Dwivedi, learned counsel for the applicant, learned AGA for the State of U.P. and perused the record.

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

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"(1) Set aside the order dated 01.02.2023 passed by Ld. Additional Court No. 6, Lucknow by means of which a Non Bailable Warrant against the Applicant as well as Notices to sureties have been issued, as contained in Annexure No. 1;

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(ii) Set aside the orders dated 15.05.2024 and 26.07. 2024 passed by the Ld. Special Court, N. I. Act Lucknow by means of which a NBW, 82 & 83 CR. P.C. against the Applicant have been issued and other consequential order passed thereafter against the applicant, as contained in Annexure No. 2 & 3;

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(iii) Further quash the entire proceedings of Case / "Smt. Alka Singh V/s Ashok Kumar Choudhary" numbered as Case No. 5360/2017 filed against the Applicant u/s 138 N. I. Act, 1881 which is pending before the Special Court, N. I. Act, Lucknow, in the interest of justice."

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Considering the facts and circumstances of the case and 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 applicant that the applicant would appear before the court concerned, it is provided that if the applicant appears before the court concerned within three weeks from today and moves 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 three 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 :- 3.10.2024 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Ashok Kumar Choudhary v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Ashok Kumar Choudhary v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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