Disposed

Nand Lal and Another v. State of U.P. and Another

Allahabad HC9 Sept 2024A482/30039/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. filed to quash proceedings and non-bailable warrant due to alleged lack of service of notice. Court directed that applicants move trial court to set aside warrant within 15 days and no coercive action to be taken pending such move.

What did the court decide?

No coercive action for 15 days pending stay of warrant before trial court; repetitive exemption applications to be dismissed.

Nand Lal and Another vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:146799

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 30039 of 2024

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Applicant :- Nand Lal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Mishra,Sandeep Kumar Keshari

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Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicants 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. 2693 of 2012, titled State v. Vikas Kumar and others, arising out of Case Crime No. 268 of 2011, under Sections 3/7 Essential Commodities Act, P.S. Saini, District Kaushambi pending in the Court of learned Chief Judicial Magistrate, Kaushambi. Further prayer to quash the order of issuing non-bailable warrant dated 23.01.2023 has also been made.

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It has been argued by the learned counsel for applicants that impugned order is against the facts and law. The notice of the case has not been served upon the applicants, and due to which he could not appear before the trial Court on the date fixed, hence nonbailable warrants were issued against them by order dated 23.01.2023.

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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 applicants appear and move appropriate application before the trial Court for setting aside the order of nonbailable warrant dated 23.01.2023, the same shall be decided expeditiously in accordance with law. For a period of 15 days or till the applicants move an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicants. Further, the court shall not entertain the fictitious and

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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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Justice Vinod Diwakar

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

Nand Lal and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Nand Lal and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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