Disposed

Parvesh Kumar v. State of U.P. and Another

Allahabad HC7 Nov 2024A482/34724/2024

Case brief

AI extract

What is this about?

This is a short order disposing of an application under Section 482 Cr.P.C. challenging a non-bailable warrant. The High Court directed the applicant to appear before the trial court by a specified date, on which the warrant would remain in abeyance, failing which the trial court could proceed.

What did the court decide?

The applicant directed to appear in the trial court; non-bailable warrant to remain in abeyance pending appearance.

Parvesh Kumar vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:174756

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 34724 of 2024

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Applicant :- Parvesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dr. Kamlesh Kumar,Rakesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant and learned Additional Government Advocate appearing for opposite party no.1 State.

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In view of order being passed, notices to opposite party no.2 stand dispensed with.

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Application under Section 482 Cr.P.C. has been filed challenging order dated 03.09.2021 passed in Sessions Trial No.263 of 2015 (State of U.P. versus Parvesh) arising out of Case Crime No.354 of 2014, under Sections 366, 376-Gha, 452, 323, 34 I.P.C, Police Station Gajraula, District Amroha whereby non-bailable warrant has been issued against the applicant.

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Learned counsel for applicant submits that earlier upon issuance of summons to the applicant, he had appeared before the trial court and had continuously participated in proceedings for about five years whereafter the proceedings were held up on account of Covid-19 pandemic. It is submitted that in the meantime the applicant had shifted to Mumbai for his livelihood and was unable to know the next date of 03.09.2021 resulting in his absence and subsequent issuance of non-bailable warrant. It is submitted that on the basis of instructions that the applicant is ready and willing to appear before the trial court and participate in the proceedings.

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Learned Additional Government Advocate appearing on behalf of State has opposed the application with the submission that the applicant is deliberately not participating in the proceedings and

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the present application has been filed only when steps have been taken against the sureties.

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Considering aforesaid facts and circumstances and submissions advanced by learned counsel for opposite parties and particularly undertaking being given by learned counsel for applicant, it is provided that the applicant shall appear before the trial court in Session Trial No.263 of 2015 within a period of next two weeks by 22.11.2024. In case the aforesaid time frame is adhered to by the applicant, the nonbailable warrant dated 03.09.2021 passed in Trial No.263 of 2015 (State of U.P. versus Parvesh) arising out of Case Crime No.354 of 2014, under Sections 366, 376-Gha, 452, 323, 34 I.P.C, Police Station Gajraula, District Amroha shall remain in abeyance.

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However in case the aforesaid benefit is not availed of by the applicant, trial court shall be entitled to proceed in accordance with law.

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In view of aforesaid, the application stands disposed of .

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Order Date :- 7.11.2024 Subodh/-

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

Parvesh Kumar v. State of U.P. and Another

Case brief

What is this about?

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Parvesh Kumar v. State of U.P. and Another

Case brief

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