Disposed

Rama Pati Yadav v. State of U.P. and Another

Allahabad HC21 Nov 2024A482/39498/2024

Case brief

AI extract

What is this about?

Applicant sought quashing of a long-pending criminal case but did not press the prayer on merits. Court dismissed the quashing prayer as not pressed, kept non-bailable warrants and Section 82 process in abeyance for three weeks, and directed that a bail application or recall application be considered on appearance.

What did the court decide?

Quashing prayer dismissed as not pressed; NBWs and Section 82 process stayed in abeyance for three weeks or till applicant's appearance; trial court directed to consider bail/recall applications.

Rama Pati Yadav vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:181604

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 39498 of 2024

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Applicant :- Rama Pati Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- M. Asif,Shamim Uddin Khan Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri M. Asif, learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant Rama Pati Yadav with the prayer to quash the entire proceeding of Criminal Case No. 143/2014 (State Vs. Ram Murat Ram and others) arising out of Case Crime No. 90/1989, under Sections 304, 342, 323, 504 IPC and Section 7/13 Prevention of Corruption Act, P.S. Moosa Nagar, District Kanput Dehat, pending in the Court of CJM, Kanpur Dehat initiated in pursuance to the summoning order dated 29.07.1999 passed by ACJM-II, Kanpur Dehat and with a further prayer to stay the further proceedings of the aforesaid case, during the pendency of the present application.

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After arguments on merits at length learned counsel for the applicant submits that he does not want to press the prayers made in the present petition on merits. He submits that vide order dated 25.09.2024 non bailable warrants have been issued against the applicant whereas process under Section 82 Cr.P.C. has been initiated. He submits that the purpose of the applicant would be served if he is permitted to appear before the trial court within a period of three weeks from today and file a regular bail application/an application for recall of non-bailable warrants and process under Section 82 Cr.P.C.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.

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In view of the above, the prayer for quashing as prayed for is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the

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case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant appears and applies for bail/an application for recall of non-bailable warrants and process under Section 82 Cr.P.C. before the court concerned within three weeks from today, the same shall be considered and decided in accordance with law.

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For a period of three weeks from today or till appearance of the applicant, whichever is earlier, the non-bailable warrants and process under Section 82 Cr.P.C. be kept in abeyance. However, if the applicant does not appear in the aforesaid time, the court concerned shall proceed as per law.

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The present application is disposed of.

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Order Date :- 21.11.2024 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Rama Pati Yadav v. State of U.P. and Another

Case brief

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Rama Pati Yadav v. State of U.P. and Another

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