Disposed

Bhaggal Alias Rupesh Kumar Tiwari and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Allahabad HC24 Oct 2024/9042/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC sought quashing of a non-bailable warrant in a 2002 case; the applicants' recall application of 2019 remained undecided. The High Court declined to quash and instead directed the trial court to decide the recall application within three weeks.

What did the court decide?

Direction to trial court to decide the recall application dated 31.10.2019 in accordance with law, if possible, within three weeks.

Bhaggal Alias Rupesh Kumar Tiwari and Another Vs State of… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:71757

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 9042 of 2024

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Applicant :- Bhaggal Alias Rupesh Kumar Tiwari And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another

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Counsel for Applicant :- Dinesh Chandra Shukla,Vishal Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicants and learned Standing Counsel.

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The present application has been filed with a prayer to quash the non-bailable warrant dated 05.03.2019 passed in Case No. 1826 of 2002 arising out of Case Crime No. 109 of 2002, under Sections 435, 506 I.P.C., P.S. Nawabganj, District Gonda

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Learned counsel for the applicants submits that the cross-examination of the witness was closed by the trial court and issued non-bailable warrant on 05.03.2019. Thereafter, the applicants preferred revision before the District & Sessions Judge, Gonda, which was dismissed giving liberty to the applicants to move recall application. It is further submitted that in pursuance of the said order, on 31.10.2019, application for recall of the non-bailable warrant dated 05.03.2019 was moved, but the same has not been decided by the trial court till today. It is, thus, submitted that a direction may be issued to the trial court to decide the aforesaid recall application.

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Learned A.G.A., while opposing the prayer of the applicants, submits that as per the information, nonbailable warrant was issued on the aforesaid date, i.e., 05.03.2019. Thereafter the applicants moved the recall application, but they never requested to the court concerned for disposal of the aforesaid recall application dated 31.10.2019. It is, thus, submitted that the present

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application is liable to be dismissed.

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Considering the submissions advanced by the learned counsel for the applicants, learned A.G.A. and going through the contents of the instant application, the contents of the recall application dated 31.10.2019 as well as other relevant documents including the letter dated 21.10.2024 issued by Chief Judicial Magistrate, Gonda in pursuance of the earlier order dated 16.10.2024 of this Court, it is evident that non-bailable warrant is running against the applicants and no one has appeared to press the aforesaid application dated 31.10.2019 till today, due to which, the said application is still pending.

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In view of above facts and circumstances, the trial court is directed to decide the aforesaid recall application dated 31.10.2019 in accordance with law, if possible, within a period of three weeks from the date of production of a certified copy of this order.

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The application, accordingly, stands disposed of.

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Order Date :- 24.10.2024 VKS

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

Bhaggal Alias Rupesh Kumar Tiwari and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Bhaggal Alias Rupesh Kumar Tiwari and Another v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

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What did the court decide?

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