Disposed

Ganga Prasad Kewat Alias Har Narayan v. State of U.P. and Another

Allahabad HC9 Sept 2024A482/30012/2024

Case brief

AI extract

What is this about?

Short order granting 15-day reprieve from coercive action on an application seeking to set aside a non-bailable warrant, while directing swift trial court consideration of the applicant's appearance.

What did the court decide?

No coercive action against the applicant for a period of 15 days or until the applicant moves an application before the trial court.

Ganga Prasad Kewat Alias Har Narayan vs State of U.P. and… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:146836

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 30012 of 2024

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Applicant :- Ganga Prasad Kewat Alias Har Narayan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arjun Singh Yadav 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 Case No. 819 of 2011, titled State v. Heera Lal and others, as well as charge-sheet dated 01.07.2011, arising out of Case Crime No. 61 of 2011, under Sections 3/5/8 Cow Slaughter Act, 1955 and Section 11 Prevention of Animal Cruelty Act, 1960, P.S. Kaushambi, District Kaushambi pending in the Court of learned Additional Chief Judicial Magistrate, Kaushambi. Further prayer to quash the order of issuing non-bailable warrant dated 16.03.2024 has also been made.

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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 16.03.2024.

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Per contra learned A.G.A has opposed the prayer. He contends that the chargesheet was filed in the year 2011, since then the applicant has not appeared before the trial court. The trial court continuously issued bailable warrants and non bailable warrant vide order dated 16.03.2024.

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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 16.03.2024, 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

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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 :- 9.9.2024 Jaswant

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

Ganga Prasad Kewat Alias Har Narayan v. State of U.P. and Another

Case brief

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Ganga Prasad Kewat Alias Har Narayan v. State of U.P. and Another

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