Disposed

Arun Jaiswal v. State of U.P. and Another

Allahabad HC6 Sept 2024A482/29951/2024

Case brief

AI extract

What is this about?

Applicant sought quashing of a charge-sheet and proceedings under the Gangsters Act; counsel confined the prayer to recalling a non-bailable warrant. Court directed that on appearance and application to the trial court the warrant order be decided expeditiously, with no coercive action for 30 days.

What did the court decide?

No coercive action against applicant for 30 days or until he moves an application before the trial court; trial court directed to decide recall application expeditiously.

Arun Jaiswal vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:162942

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 29951 of 2024

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Applicant :- Arun Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Singh 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 charge-sheet no. A-69-A/2019, dated 05.01.2029, cognizance/summoning order dated 28.02.2019 as well as entire proceedings of Special Trial/Gangsters Act No. 12/2019 titled as State v. Arun Jaiswal and Others, arising out of Case Crime No. 0058 of 2017, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, registered at P.S. Rampur Karkhana, District Deoria, pending trial in the Court of Special Judge (Gangster Act)/5th Additional Sessions Judge, Deoria.

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Learned counsel for the applicant confined his prayer only to recall the non-bailable warrant dated 27.08.2019. It has been argued by the learned counsel for applicant that non-bailable warrant issued against the applicant is against the facts and law. The applicant could not appear before the trial Court on the date fixed, hence non-bailable warrants were issued against him by order dated 27.08.2019.

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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 recalling the order of nonbailable warrant dated 27.08.2019, the same shall be decided expeditiously in accordance with law. For a period of 30 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 :- 4.10.2024

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Shafique

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Justice Vinod Diwakar

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

Arun Jaiswal v. State of U.P. and Another

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Arun Jaiswal v. State of U.P. and Another

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