Disposed

Subhash Chandra v. State of U.P. and Another

Allahabad HC9 Jul 2024A482/19876/2024

Case brief

AI extract

What is this about?

The applicant sought to quash orders and non-bailable warrants in a criminal case under IPC sections 406, 424, and 411. The applicant withdrew the main prayer but sought time to appear before the trial court for bail. The Court disposed of the application by dismissing the quashing prayer, keeping warrants in abeyance for two weeks, and permitting the applicant to file a bail application.

What did the court decide?

Non-bailable warrants kept in abeyance for two weeks; applicant permitted to appear before trial court to file bail application.

Subhash Chandra vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:132262

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 19876 of 2024

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Applicant :- Subhash Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Tiwari,Sushil Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Pradeep Kumar Tiwari, learned counsel for the applicant, Sri Sai Girdhar, 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 Subhash Chandra with the prayer to quash the order dated 02.04.2022 as well as non bailable warrants issued against the applicant in Case No. 1689 of 2010 (State Vs. Subhash Chandra) arising out of Case Crime No. Nil of 2010, under Sections 406, 424, 411 IPC, P.S. Sikandra, District Agra, pending in the court of CJM, Agra and with a further prayer to stay the effect and operation of the order dated 02.04.2022 as well as non bailable warrants 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 non bailable warrants have been issued against the applicant. 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.

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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 case and looking to the limited prayer of learned counsel for the

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applicant, it is directed that if the accused-applicant appears and applies for bail/an application for recall of non-bailable warrants 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 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 :- 14.8.2024 M. ARIF

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(Samit Gopal, J.)

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

Subhash Chandra v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Subhash Chandra v. State of U.P. and Another

Case brief

What is this about?

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