Brijesh Yadav @ Bholu Vs State of U.P. through Principal… — Dowry and Cruelty | Allahabad HC (2024)

Brijesh Yadav @ Bholu Vs State of U.P. through Principal… — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Application disposed of with directions: applicant to appear before the court concerned within two weeks and move an appropriate application (including for recall of the NBW), to be decided expeditiously by the trial court in accordance with law; no coercive action against the applicant for two weeks; failing appearance, coercive action to follow. The NBW order and charge sheet were not set aside.

Issue for consideration

Whether the NBW order dated 03/09/2024 passed by the Civil Judge (J.D.), Room No. 15, Pratapgarh and the charge sheet dated 21/01/2021 in Case Crime No.349/2020 (Sections 498A/323/354/504/506 I.P.C. and 3/4 D.P. Act, P.S. Mandhata) ought to be set aside.

Court's answer

If the applicant appears before the court concerned within two weeks and moves an appropriate application before the trial court, including for recall of the non-bailable warrant, the same shall be considered and decided by the trial court expeditiously strictly in accordance with law.

Ratio / Principle

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

Key takeaways

In case the applicant does not appear in terms of the order, coercive action shall be taken against him.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Saurabh Lavania, J.) — Application u/s 482 by Brijesh Yadav @ Bholu seeking setting aside of the NBW order dated 03/09/2024 passed by the Civil Judge (J.D.), Room No. 15, Pratapgarh and the charge sheet dated 21/01/2021 in Case Crime No.349/2020 under Sections 498A/323/354/504/506 I.P.C. and 3/4 D.P. Act, P.S. Mandhata, District Pratapgarh. Considering the law laid down in Inder Mohan Goswami (2007) 12 SCC 1, Sunil Tyagi (2021 SCC OnLine Del 3597) and Satender Kumar Antil ((2022) 10 S.C.R. 351 : (2022) 10 SCC 51), and the statement of counsel for the applicant that he would appear before the court concerned, the Court directed that if the applicant appears within two weeks and moves an appropriate application including for recall of the non-bailable warrant, the trial court shall consider and decide it expeditiously strictly in accordance with law; no coercive action was to be taken for two weeks, failing which coercive action would follow. Application disposed of on 18.12.2024.

Neutral Citation No. - 2024:AHC-LKO:85022

Court No. - 12

Case :- APPLICATION U/S 482 No. - 11644 of 2024

Applicant :- Brijesh Yadav @ Bholu Opposite Party :- State Of U.P. Through Principal Secretary, Home Department And Another Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the parties.

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

"WHEREFORE, it is most respectfully prayed by the humble applicant that this Hon'ble Court may graciously be pleased to set aside the NBW order dated 03/09/2024 passed by the learned lower court Civil Judge (J.D.) Room No. 15, Pratapgarh and the impugned charge sheet dated 21/01/2021 relating to Case Crime No.349/2020 Under Sections 498A/323/354/504/506 I.P.C. and 3/4 D.P. Act, Police Station - Mandhata, District - Pratapgarh.

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 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 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.

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

In case, the applicant does not appear in terms of this order,

coercive action shall be taken against him.

The present appeal is disposed of in above terms.

Order Date :- 18.12.2024 ML/-

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench