Disposed

Jagdish Prasad v. State of U.P. and Another

Allahabad HC3 Feb 2025NA528/3219/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Justice Vinod Diwakar; Application U/S 528 BNSS No. 3219 of 2025 (filed/described under Section 482 Cr.P.C.); Jagdish Prasad v. State of U.P.; counsel J.K.S. Yadav; G.A. for State; quashing of Non-Bailable Warrant dated 04.07.2009 and Section 82 Cr.P.C. proceedings; Additional Chief Judicial Magistrate Court No. 2 Allahabad; Criminal Case No.718 of 2006; Case Crime No. 160 of

What did the court decide?

Application disposed of with conditional directions: interim protection from coercive action for 15 days or until the applicant moves a recall application before the trial court (whichever is earlier)

Jagdish Prasad Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

¶1

Neutral Citation No. - 2025:AHC:15159

¶2

Court No. - 76

¶3

Case :- APPLICATION U/S 528 BNSS No. - 3219 of 2025

¶4

Applicant :- Jagdish Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- J.K.S. Yadav Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vinod Diwakar,J.

¶6

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶7

The present application under Section 482 Cr.P.C., has been filed for quashing the Non Bailable Warrant dated 04.07.2009 as well as proceedings initiated under Section 82 Cr.P.C. passed by learned Additional Chief Judicial Magistrate, Court No. 2, Allahabad in Criminal Case No.718 of 2006, arising out of Case Crime No. 160 of 2005, under Section 3/7 of Essential Commodities Act, 1955, P.S. Sarai Inayat, District Allahabad.

¶8

Learned counsel for applicant submits that impugned order is against the facts and law. The applicant had no knowledge about the proceedings initiated against him due to which they could not appear on the date fixed by the trial Court, hence, non-bailable warrant and proceedings under Section 82 Cr.P.C. were initiated against the applicant.

¶9

Per contra , learned A.G.A opposed the prayer.

¶10

Considering the facts and circumstances of the matter, subject to deposit of Rs. 5,000/- by the applicant in favour of District Legal Services Authority concerned, it is directed that in case the applicant appears and moves appropriate application before the

¶11

trial Court for recalling the impugned N.B.W. order as well as proceeding under Section 82 Cr.P.C., the same shall be decided expeditiously in accordance with law. For a period of 15 days or till the applicant moves an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicant. Further, the Court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs.

¶12

With the aforesaid observation, the application is disposed of.

¶13

Order Date :- 4.2.2025

¶14

Shafique

¶15

Justice Vinod Diwakar

¶16

Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Jagdish Prasad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Jagdish Prasad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases