Disposed

Shahnawaz Khan and 3 Others v. State of Up and Another

Allahabad HC30 Aug 2024A482/24098/2024

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What is this about?

The Allahabad High Court, Single Judge, disposed of a supplementary application under Section 482 CrPC against an order rejecting exemption from appearance and issuing non-bailable warrants, directing the trial court to act expeditiously within three weeks.

What did the court decide?

Directed the trial court to consider the application for cancellation of non-bailable warrants within three weeks.

Shahnawaz Khan and 3 Others vs State of Up and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:139800

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 24098 of 2024

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Applicant :- Shahnawaz Khan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishwa Nath Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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

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This application under Section 482 Cr.P.C. has been preferred against order dated 27.06.2024, passed by Civil Judge (S.D.)/F.T.C./A.C.J.M., Gorakhpur in Case No. 10530 of 2022 (State vs. Shahnawaz and Others), arising out of Case Crime No. 132 of 2021, under Sections - 498-A, 323, 504, 506, 406 I.P.C. and Section - 3/4 of Dowry Prohibition Act, Police Station - Rajghat, District - Gorakhpur, whereby non-bailable warrants were issued against applicants.

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It is submitted by learned counsel for applicants that on 27.06.2024, an application was moved before the trial court that applicants may be exempted from appearance and an opportunity may be granted to them to file an application for discharge but that application has been rejected by the trial court in an arbitrary manner and non-bailable warrants have been issued against them. It was stated that all the applicants are on bail. It was further submitted that applicants are willing to appear before the trial court concerned and some protection may be granted to them till their appearance before the court concerned.

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Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order.

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In view of aforesaid, it is directed that in case applicants appear before the trial court concerned within a period of three weeks from today and move an application for cancellation of non-bailable warrants, the same shall be considered and decided expeditiously in accordance with law. For a period of three weeks from today or till the applicants appear before the trial court concerned, whichever is earlier, no coercive action shall be taken against the applicants.

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The application under Section 482 Cr.P.C. is disposed of accordingly. Order Date :- 30.8.2024 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Shahnawaz Khan and 3 Others v. State of Up and Another

Case brief

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Shahnawaz Khan and 3 Others v. State of Up and Another

Case brief

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