Jairam Nishad vs State of U.P. and Another

Neutral Citation No. - 2024:AHC:147706

Court No. - 80 Case :- APPLICATION U/S 482 No. - 26033 of 2024 Applicant :- Jairam Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Chandra Gupta,Shubham Prakash Gupta 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 non-bailable warrant dated 22.04.2022 issued by the learned Chief Judicial Magistrate, Prayagraj in Case No. 11180 of 2021, arising out of Case Crime No. 395 of 2016, under Sections 419, 420 I.P.C., P.S. Civil Lines, District Prayagraj.

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It has been argued by the learned counsel for applicant that impugned order is against the facts and law. The notice of the case has not been served upon the applicant, and due to which he could not appear before the trial Court on the date fixed, hence nonbailable warrants were issued against him by order dated 05.07.2024.

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

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Considering the facts and circumstances of the matter, it is directed that in case the applicant appears and moves appropriate application before the trial Court for setting aside the order of nonbailable warrant dated 05.07.2024, 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.

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The application is disposed of accordingly.

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Order Date :- 10.9.2024 Shafique

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Justice Vinod Diwakar

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

Jairam Nishad v. State of U.P. and Another

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Jairam Nishad v. State of U.P. and Another

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