The High Court, Allahabad, granted the applicant two weeks time to appear in proceedings by substituting a non-bailable warrant with time and by preventing coercive action, considering delays in summons service.
Granted two weeks time to appear by 10.12.2024 and directed no coercive action till then.
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Neutral Citation No. - 2024:AHC:185023
Court No. - 74
Case :- APPLICATION U/S 482 No. - 36507 of 2024
Applicant :- Dharm Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Yadav Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
Heard learned counsel for applicant and learned A.G.A. for opposite party No.1-State. In view of order being passed notice to opposite party No.2 stands dispensed with.
Application under Section 482 Cr.P.C. has been filed challenging issuance of non bailable warrant against him vide order dated 4th May, 2024 in case No. 857 of 2008 (State versus K.M. Upadhyay), arising out of case crime No.2 of 1987, under Sections 147, 148, 149, 344, 391, 364, 302, 201, 218, 120-B IPC, P.S. Chandpa, District Hathras.
Learned counsel for applicant submits that although summons were issued in the year 1996 but since the applicant was in police service which was transferable employment, the summons were never served upon him and is only now the non bailable warrant has been served.
In view of the fact that now non bailable warrant has already been served upon the applicant, he is granted two weeks' time to appear before the court concerned by 10th December, 2024 in the aforesaid proceedings. It is directed that till 10th December, 2024, no coercive action shall be taken against the applicant in pursuance of impugned non bailable warrant.
The applicant stands disposed of.
Order Date :- 26.11.2024 Prabhat
Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to time to appear after service of non-bailable warrant despite long delay in service of summons.
1 provisions across 1 enactments
Dharm Singh Yadav
State of U.P.
Manish Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
