Disposed

Krishna Kumar Mishra v. State of U.P. and Another

Allahabad HC20 Sept 2024A482/30784/2024

Case brief

AI extract

What is this about?

The Court disposed of an application under Section 482 Cr.P.C. seeking quashing of a Non Bailable Warrant issued to the applicant, who claimed non-service due to wrong address and mental illness. The execution of the warrant was kept in abeyance for three weeks pending the applicant's appearance and subsequent bail application. Citations from Supreme Court were directed for the bail hearing.

What did the court decide?

Execution of non-bailable warrant kept in abeyance for three weeks or until applicant appears; applicant directed to apply for bail/recall at the trial court.

Krishna Kumar Mishra vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:153232

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 30784 of 2024

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Applicant :- Krishna Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ambuj Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

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Sri Ambuj Pandey, learned counsel for the applicant and Sri Rahul Pandey, learned A.G.A. for the State are present.

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The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 27.8.2024 passed by Chief Judicial Magistrate, Ghaziabad in case No. 13006 of 2004 (State Vs. Krishna Kumar Mishra) arising out of case crime No. 920 of 2003, under Sections 420, 467, 468, 471, I.P.C., Police Station Sahibabad, District Ghaziabad, whereby Non Bailable Warrant has been issued and proceedings under Section 82, Cr.P.C. have been initiated against the applicant.

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Learned counsel for the applicant submits that the summon has not been served to the applicant due to wrong address of the applicant. The applicant is suffering from mental disease and his treatment is going on in Mental Hospital, Varanasi and he is residing long back in City Varanasi. Due to this reason, the applicant was not aware with the order passed by the trial court.

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Learned A.G.A. has opposed the application.

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Considering submissions of learned counsel and perusing record, the instant application u/s 482 Cr.P.C. is finally disposed of with a direction that in case applicant appears before the court below within three weeks from today and applies for bail/recall of non bailable warrant, his application shall be shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and

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Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.

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For a period of three weeks from today or till applicant appears before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance.

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Order Date :- 20.9.2024 T. Sinha

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Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Krishna Kumar Mishra v. State of U.P. and Another

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Krishna Kumar Mishra v. State of U.P. and Another

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