Disposed

Aftab Jeelani v. State of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Deptt. Home Lko. and Another

Allahabad HC23 Apr 2024A482/3673/2024

Case brief

AI extract

What is this about?

The High Court granted liberty to the applicant to file an application for recall of a non-bailable warrant issued for default due to illness. The court ordered the warrant to remain stayed and directed the lower court to decide the recall application within four weeks.

What did the court decide?

Liberty granted to apply for recall of non-bailable warrant; warrant stayed; direction to lower court to decide within four weeks.

Aftab Jeelani vs State of U.P. Thru. Addl. Chief… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:31522

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 3673 of 2024 Applicant :- Aftab Jeelani Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Yogesh Kumar Mishra,Alok Kumar Yadav,Dharmendra Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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Learned counsel for the applicant does not want to press the prayer for quashing the proceedings of criminal case and summoning order as narrated in the prayer clause. However, he only want to press the prayer that that the non-bailable warrant issued against the applicant dated 15.02.2022 shall remain stayed.

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This application under Section 482 Cr.P.C. has been filed for quashing the Non-bailable warrant dated 15.02.2022 in Case Crime No.0637 of 2017, (State vs. Aftab Jeelani) under Section 2/3 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali District Sultanpur pending before FTC No.1, Court of Gangster Act, Sultanpur.

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It has been submitted by learned counsel for the applicant that the applicant could not appear before the court below due to his prolonged illness therefore, non bailable warrant has been issued against him on 15.02.2022. It is further submitted that the applicant is 65 years of age and is ready to cooperate and appear before the trial Court and shall not seek any adjournment.

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Learned AGA has no objection.

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Without entering into the merits of the case, I hereby grant liberty to the applicant to move an application for recall of non-bailable warrant within a period of two weeks from today.

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It is therefore, directed that in case the applicant prefers application for recall of non-bailable warrant before the court below within the prescribed period, the court below will decide the said application within four weeks thereafter

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in accordance with law.

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For a period of six weeks or till the date, the application is decided, whichever is earlier, non-bailable warrant issued shall remain stayed and no coercive action shall be taken against the applicant in respect of the aforesaid case.

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The application stands disposed of.

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Order Date :- 23.4.2024 Pks

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Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

Aftab Jeelani v. State of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Deptt. Home Lko. and Another

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Aftab Jeelani v. State of U.P. Thru. Addl. Chief Secy. /Prin. Secy. Deptt. Home Lko. and Another

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