Disposed

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

Allahabad HC14 Nov 2024A482/22233/2024

Case brief

AI extract

What is this about?

Single judge disposed of an application under Section 482 Cr.P.C. seeking quashing of non-bailable warrants. The court directed the applicants to approach the trial court within 15 days for recalling the warrant orders, stayed coercive action during this period, and warned against repetitive exemption applications.

What did the court decide?

Stay on coercive action for 15 days pending application before trial court to recall non-bailable warrant orders.

Gyan Chandra and Another vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:178963

¶2

Court No. - 78

¶3

Case :- APPLICATION U/S 482 No. - 22233 of 2024

¶4

Applicant :- Gyan Chandra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Sahani Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vinod Diwakar,J.

¶6

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

¶7

The present application under Section 482 Cr.P.C., has been filed for quashing the non-bailable warrant dated 14.02.2019 and N.B.W./82 Cr.P.C. order dated 26.09.2023 passed by learned Additional District and Sessions Judge/F.T.C., Court No. 2, Mau in S.T. No. 205 of 2005 titled State v. Gopal Nishad and Others, arising out of Case Crime No. 216 of 2005, under Sections 147, 148, 149, 323, 332, 336, 353, 427, 504, 506, 307, 120-B I.P.C. and Section 7 of Criminal Law Amendment Act, registered at P.S. Kotwali, District Mau.

¶8

It has been argued by the learned counsel for applicants that impugned order is against the facts and law. The applicants could not appear before the trial Court on the date fixed, hence nonbailable warrants as well as proceedings under Section 82 Cr.P.C. were initiated against the applicants vide orders dated 14.02.2019 and 26.09.2023, respectively.

¶9

Per contra learned A.G.A has opposed the prayer.

¶10

Considering the facts and circumstances of the matter, it is directed that in case the applicants appear and moves appropriate application before the trial Court for recalling the order of nonbailable warrant dated 14.02.2019 as well as order dated 26.09.2023, the same shall be decided expeditiously in accordance with law. For a period of 15 days or till the applicant moves 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.

¶11

The application is disposed of accordingly.

¶12

Order Date :- 14.11.2024

¶13

Shafique

¶14

Justice Vinod Diwakar

¶15

Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jitendra Pal vs State of U.P. and Another

Vinod vs State of U.P. and Another

Amit Kumar vs State of U.P. and Another

Pramod vs State of U.P. and Another

Meen Ahmed and 5 Others vs State of U.P. and Another

Sharda Devi vs State of U.P. and Another