Disposed

Nawab Khan Alias Nawab Ali v. State of U.P. and Another

Allahabad HC5 Sept 2024A482/29643/2024

Case brief

AI extract

What is this about?

High Court of Allahabad issued an interim order granting a 15-day exemption from coercive action against an applicant unaware of a non-bailable warrant and suo motu proceedings, directing him to move the trial court for relief while barring future repetitive applications.

What did the court decide?

Exemption from coercive action for 15 days or until the applicant moves the trial court; direction to dismiss future repetitive exemption applications with costs.

Nawab Khan Alias Nawab Ali vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:144664

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 29643 of 2024

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Applicant :- Nawab Khan Alias Nawab Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mustaq Ahamad,Sadhu Sharan 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-respondent and perused the record.

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The instant application has been preferred with the prayer to quash the order of non-bailable warrant and order of Section 82 Cr.P.C. dated 25.07.2024 passed by learned Additional Chief Judicial Magistrate, Court No.2, Allahabad in Criminal Case No.3539 of 2008 (State Vs. Raju Kesharwani and others) arising out of Case Crime No.65 of 2008, under Section 3/7 Essential Commodities Act, Police Station Manda, District Allahabad, pending before the court of learned Additional Chief Judicial Magistrate, Court No.2, Allahabad.

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Learned counsel for the applicant states that the applicant was not aware about the issuance of non-bailable warrant issued by the trial court. Applicant came to know about issuance of non-bailable warrant when the proceedings under Section 82 Cr.P.C. was undertaken by the Court.

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Learned counsel for the applicant states that applicant undertakes to appear before the court on the next date fixed and shall also appear on the subsequent dates.

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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 25.07.2024 and recall of proceeding initiated under Section 82 Cr.P.C., 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

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shall be dismissed with reasonable costs.

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The application is disposed of accordingly.

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Order Date :- 5.9.2024

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Atul

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Justice Vinod Diwakar

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Nawab Khan Alias Nawab Ali v. State of U.P. and Another

Case brief

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Nawab Khan Alias Nawab Ali v. State of U.P. and Another

Case brief

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