Disposed

Dhanush Dhari Singh v. State of U.P. and Another

Allahabad HC11 Nov 2024A482/19845/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. seeking quashing of a 2017 non-bailable warrant against the applicant for non-appearance in an ongoing criminal case. The High Court did not quash it; it disposed of the application by directing that the trial court decide expeditiously any application to recall the warrant and granting interim protection from coercive action for 15 days.

What did the court decide?

No coercive action for 15 days or until applicant moves recall application before trial court; warrant not quashed.

Dhanush Dhari Singh vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:176285

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 19845 of 2024

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Applicant :- Dhanush Dhari Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakash Veer Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present application under Section 482 Cr.P.C., has been filed for quashing the Non Bailable Warrant order dated 20.11.2017, passed by the Chief Judicial Magistrate, Sant Kabir Nagar in Case No. 664 of 2013, titled State v. Ram Raksha Chaudhary and others, arising out of Case Crime No. 447 of 2011, under Sections 419, 420 IPC and Section 15(3) of Indian Medical Council Act, 1959, P.S. Mahuli, District Sant Kabir Nagar.

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Learned counsel for applicant submits that impugned order is against the facts and law. No summon/warrant was served upon the applicant till date, hence he could not appear on the date fixed by the trial Court, hence, non-bailable warrant was issued against the applicant.

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Per contra learned A.G.A has opposed.

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Considering the facts and circumstances of the matter, it is directed that in case the applicant appears and move appropriate application before the trial Court for recalling the impugned nonbailable warrant order, the same shall be decided expeditiously in accordance with law. For a period of 15 days or till the applicant

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move an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicant. Further, the Court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs.

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6. The application is disposed of accordingly.

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Order Date :- 11.11.2024 A. Tripathi

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Justice Vinod Diwakar

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Dhanush Dhari Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dhanush Dhari Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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