Partly allowed

Kala v. State of U.P. and Another

Allahabad HC2 Jul 2024A482/20332/2024

Case brief

AI extract

What is this about?

This court set aside an impugned order dated 1.4.2021 which issued non-bailable warrants against the applicant without a formal notice, finding it contrary to established practice. An undertaking by the applicant to remain present and cooperate justified the relief.

What did the court decide?

The impugned order dated 1.4.2021 was set aside and the applicant must be provided an opportunity before the issuance of warrants.

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

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Neutral Citation No. - 2024:AHC:107484

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 20332 of 2024

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Applicant :- Kala Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Kumar,Shobhit Singh 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, learned A.G.A. for the State-respondent, and perused the record.

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The instant application has been preferred challenging the charge-sheet dated 13.10.2008 and the impugned order dated 1.4.2021, whereby the non-bailable warrants were issued against the applicant in Special Case No.132 of 2009 titled as State v. Kala and another, arising out of Case Crime No.68 of 2008, u/s 2/3 of the Gangsters Act, registered at police station Chilkana, District Saharanpur.

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Submission of learned counsel for the applicant is that on 16.3.2021, the applicant was present in the court, which is recorded in the order-sheet itself, and on the next date of hearing, the trial court straightaway issued non-bailable warrants and proceeding u/s 82 Cr.P.C., which is contrary to the established practice of law.

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Learned counsel for the applicant undertakes that the applicant shall remain present on each and every date before the trial court and shall cooperate with the trial. He further undertakes that the applicant shall not file frivolous and routine personal exemption applications.

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Having heard learned counsel for the applicant and taking into consideration the undertaking by the applicant, the impugned order dated 1.4.2021 is set aside.

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Accordingly, the instant application is partly allowed in the aforesaid terms.

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However, it is provided that if the applicant files frivolous and routine exemption applications, the same shall be decided by

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taking into account the undertaking given before this Court by the applicant.

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Order Date :- 2.7.2024 Anil K. Sharma

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Justice Vinod Diwakar

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Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad

Kala v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kala v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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