Dismissed

Sanjay Alias Pappu Yadav v. State of U.P. and Another

Allahabad HC1 Aug 2024A482/12717/2024

Case brief

AI extract

What is this about?

Criminal applicant sought to set aside summons order but did not press the plea on merits. The court dismissed the quashing prayer but granted a two-week reprieve to appear and file a bail or recall application, keeping related warrants in abeyance. Disposal.

What did the court decide?

Warrants and process under Sec. 82/83 Cr.P.C. kept in abeyance for two weeks pending applicant's appearance to file bail/recall application.

Sanjay Alias Pappu Yadav vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:124046

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 12717 of 2024

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Applicant :- Sanjay Alias Pappu Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Dhar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Shashi Dhar Shukla, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant Sanjay @ Pappu Yadav with the prayer to set aside the impugned cognizance/summoning order dated 05.06.2023 passed by Chief Judicial Magistrate, Basti in Case No. 4742 of 2023 (State Vs. Sanjay @ Pappu Yadav) arising out of Case Crime No. 83 of 2023, under Sections 406, 506 IPC, P.S. Lalganj, District Basti as well as charge sheet dated 25.04.2023 pending in the court of Chief Judicial Magistrate, Basti and with the further prayer to stay the further proceedings of the aforesaid case, during the pendency of the present application.

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After arguments on merits at length learned counsel for the applicant states that he does not want to press the prayers made in the present petition on merits. He submits that vide order dated 29.01.2024 non bailable warrants have been issued against the applicant and process under Section 82/83 Cr.P.C. has been initiated. He submits that the purpose of the applicant would be served if he is permitted to appear before the trial court within a period of two weeks from today and file a regular bail application/an application for recall of non-bailable warrants and process under Section 82/83 Cr.P.C.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.

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In view of the above, the prayer for quashing as prayed for is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the

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case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant appears and applies for bail/an application for recall of non-bailable warrants and process under Section 82/83 Cr.P.C. before the court concerned within two weeks from today, the same shall be considered and decided in accordance with law.

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For a period of two weeks from today or till appearance of the applicant, whichever is earlier, the non-bailable warrants dated 29.01.2024 and process under Section 82/83 Cr.P.C. be kept in abeyance. However, if the applicant does not appear in the aforesaid time, the court concerned shall proceed as per law.

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The present application is disposed of.

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Order Date :- 1.8.2024 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Sanjay Alias Pappu Yadav v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sanjay Alias Pappu Yadav v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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