Disposed

Bantu @ Kishan Veer Singh v. State of Up and Another

Allahabad HC2 Aug 2024A482/22797/2024

Case brief

AI extract

What is this about?

The High Court disposed of an s. 482 Cr.P.C. application seeking to quash a non-bail warrant and process issued for non-appearance during the applicant's family residence in Haryana, directing him to seek recall within 30 days.

What did the court decide?

Applicant directed to move recall application before the learned trial court within 30 days; no coercive action to be taken.

Bantu @ Kishan Veer Singh vs State of Up… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:124449

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 22797 of 2024

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Applicant :- Bantu @ Kishan Veer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present application u/s 482 Cr.P.C. has been filed by the applicant with prayer to quash the order dated 29.3.2024 passed by learned Judicial Magistrate-II, Agra in Criminal Case No. 116 of 2008 arising out of Case Crime No. 164 of 2007, under section 307 IPC, Police Station Mantola, District Agra by means of which N.B.W. and process under Section 82/83 Cr.P.C. have been issued against him.

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It is submitted by learned counsel for the applicant that in this case, a case was registered against the applicant as Crime No. 164 of 2007, under Section 307 IPC by the police showing false encounter case. After investigation charge sheet was filed. The applicant appeared before the learned trial court and his bail was granted and he was enlarged on bail. In relation to his livelihood he went to Haryana with all members of his family that was the reason, he could not appear before the learned trial court as a result B.W./N.B.W. was issued but he had no any information in this regard that was the reason, he did not appear before the learned trial court as a result process under Section 82/83 Cr.P.C. was also issued and proclamation u/s 82 Cr.P.C. was pasted on his home then the information was given by the villagers and he came to know about the process, therefore, request to quash the affect of N.B.W. and process under Section 82/83 Cr.P.C.

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Learned A.G.A. opposed the prayer as aforesaid and contended that in this case, applicant avoided the proceedings of the case for long time that was the reason B.W./N.B.W. and process under Section 82/83 Cr.P.C. was issued against him. There is no any ground to quash the order of N.B.W. and process under Section 82/83 Cr.P.C.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and prayer of applicant that he was living in Haryana in relation to his livelihood with all members of his family, it is expedient to direct the applicant to appear and move recall application before the learned trial court within a period of 30 days which shall be heard and decided while considering the aforesaid circumstances/ cause of non appearance.

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Accordingly, the present application is disposed of finally.

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In the meantime, no coercive action shall be taken against the applicant.

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Order Date :- 2.8.2024 Anurag Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Bantu @ Kishan Veer Singh v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Bantu @ Kishan Veer Singh v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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