Disposed

Uddeshya @ Prabal v. State of U.P. and 2 Others

Allahabad HC12 Sept 2024A482/12270/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application invoking inherent jurisdiction wherein the applicant challenged an order of NBW issued by the Family Court for non-appearance. The Court directed the NBW to be kept in abeyance for two weeks.

What did the court decide?

The notice of the appearance warrant (NBW) issued against the applicant is kept in abeyance for a period of two weeks.

Uddeshya @ Prabal vs State of U.P. and 2… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:149048

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 12270 of 2024

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Applicant :- Uddeshya @ Prabal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vindesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Shyam Shamshery,J.

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Mr. Vindesh Kumar, learned counsel for applicant is not present. This application was filed on 18.03.2024, however it appears that despite being in list on earlier dates, the matter could not be taken up for hearing due to heavy board and today when it is taken up for hearing, counsel for applicant is not present.

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In aforesaid circumstances, since counsel for applicant is not present, this Court has requested Ms. Sajiya Parveen, Advocate (AOR No. A/S 0660/2017) to assist the Court as Amicus Curiae

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In the present case applicant has challenged the order dated 19.02.2024 passed by the Additional Principal Judge Family Court, Shahjahanpur under Section 125(3) Cr.P.C., Police Station- Tilhar, District- Shahjahanpur.

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Learned Amicus Curiae refers the impugned order whereby the learned Family Court, due to absence of applicant issued NBW against him. She submits that the aforesaid procedure is not an abuse of process of law, since admittedly the applicant has not appeared, on summons issued in the application filed under Section 125(3) Cr.P.C., however, prays that NBW issued against the applicant may be kept in abeyance to give a chance to applicant to appear.

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In the aforesaid facts of the case and considering that the applicant has approached this Court to invoke inherent jurisdiction, this application is disposed of with observations that NBW issued against the applicant shall be kept in abeyance for a period of 2 weeks from today. Meanwhile the applicant will appear before the learned Family Court and file his objections to the application under Section 125(3) Cr.P.C., if so advised.

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For valuable assistance of Amicus Curiae Ms. Sajiya Parveen

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Advocate (AOR No. A/S 0660/2017), High Court Legal Services Committee is directed to pay Rs. 2,500/- to her.

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With aforesaid observations and directions, the present application finally stands disposed.

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A copy of the order be sent to applicant on given address.

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Registrar (Compliance) to take steps.

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Order Date :- 12.9.2024 Saurabh

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Digitally signed by :- SAURABH High Court of Judicature at Allahabad

Uddeshya @ Prabal v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Uddeshya @ Prabal v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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