Disposed

Charan Singh v. State of U.P. and Another

Allahabad HC25 Jul 2024A482/23662/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings and non-bailable warrant, the High Court directed the applicant appear within 30 days or be exempted from coercive action during that period.

What did the court decide?

A respite of 30 days or until the applicant approaches the trial court for recall of the non-bailable warrant order, subject to dismissing future repetitive personal exemption applications.

Charan Singh vs State of U.P. and Another — Narcotics (NDPS) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:163199

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 23662 of 2024

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Applicant :- Charan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar 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 entire proceedings of S.T. No. 298 of 2002, titled as State v. Nandkishor & Ors, as well as Non Bailable Warrant order dated 4.1.2021 and proceeding under Section 82 and 83 Cr.P.C., arising out of Case Crime No. 50 of 2002, under Section 21/22 N.D.P.S. Act, P.S. Fazalganj, District Kanpur Nagar, pending in the Court of Additional District Judge-II, Kanpur Nagar.

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Learned counsel for applicant submits that impugned order is against the facts and law. The applicant is suffering from cancer disease and is not able to move anywhere, due to which 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 non-bailable warrant order, the same shall be decided expeditiously in

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accordance with law. For a period of 30 days or till the applicant 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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The application is disposed of accordingly.

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Order Date :- 15.10.2024 A. Tripathi

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Justice Vinod Diwakar

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

Charan Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Charan Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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