Disposed

Santosh Kumar Tiwari v. State of U.P.Thru. Prin. Secy. Home Lko and Another

Allahabad HC4 Sept 2024A482/7845/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC, the Allahabad High Court at Lucknow Bench directed the applicant to appear before the trial court within two weeks. The court allowed limited coercive action restraint pending appearance, citing Apex Court precedents regarding anticipatory bail and malicious prosecution. The application was disposed of on 4.9.2024.

What did the court decide?

Direction to appear before trial court within two weeks for recall of warrant; no coercive action during this period.

Santosh Kumar Tiwari vs State of U.P.Thru. Prin. Secy… — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60639

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Court No. - 13 Case :- APPLICATION U/S 482 No. - 7845 of 2024 Applicant :- Santosh Kumar Tiwari Opposite Party :- State Of U.P.Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Hemant Kumar Mishra,Abhishek Mishra,Arti Ganguly Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the parties.

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The present application has been filed for the following main relief(s):-

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"For the facts, reasons and circumstances of the case, stated in an accompanying affidavit, it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to set aside the impugned order of non- bailable warrant dated 02.07.2024 issued by Learned Additional District and Session JudgeII/Special Judge SCST Act Court No. 2 Sultanpur in Session Trail No. 1038/2023 State versus Santosh Kumar Tiwari arising out of case crime No. 560/09 under sections 316/323 IPC and 3(2)V SC/ST Act registered at Police Station Kotwali, Musafirkhana, District Amethi, pending in the Court of Learned Additional District and Session Judge-II/Special Judge SCST Act Court No. 2 Sultanpur, The Hon'ble Court may further be pleased to stay the operation and implementation of impugned non-bailable warrant order dated 02.07.2024 during the pendency of the aforesaid criminal case."

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Considering the facts and circumstances of the case as also the law laid down by the Hon'ble Apex Court in the case of Inder Mohan Goswami and another vs. State of Uttranchal and others reported in (2007) 12 SCC 1, Sunil Tyagi vs. Govt. of NCT of Delhi and another reported in 2021 SCC OnLine Del 3597 and Satender Kumar Antil versus Central Bureau of Investigation and another reported in (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and the statement of counsel for the applicant that the applicant would appear before the court concerned, it is provided that if the applicant appear before the court concerned within two weeks from today and move an appropriate application before the trial court including for recall of non-bailable warrant, the same shall be considered and decided by the trial court expeditiously strictly in accordance with law.

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For a period of two weeks, no coercive action shall be taken against the applicant so far as the proceedings in issue are concerned.

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In case, the applicant does not appear in terms of this order, coercive action shall be taken against him.

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The present application is disposed of in above terms.

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Order Date :- 4.9.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Santosh Kumar Tiwari v. State of U.P.Thru. Prin. Secy. Home Lko and Another

Case brief

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Santosh Kumar Tiwari v. State of U.P.Thru. Prin. Secy. Home Lko and Another

Case brief

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