Kuldeep Singh @ Kanhaiya vs. State Of U.P. And Another
Facts
The applicant, Kuldeep Singh @ Kanhaiya, filed an application under Section 482 Cr.P.C. seeking to quash a Non-Bailable Warrant dated 03.07.2024. This warrant was issued by the learned Additional Session Judge, Court No. 7, Agra, in GST No. 06/2016 (State Vs. Shashikant and others). The underlying case arose from Case Crime No. 382/2015, registered under Section 2/3 of the Gangsters Act at Police Station Atmaddaula, District Agra. The applicant contended that he was unaware of the proceedings, which led to his non-appearance before the trial court and the subsequent issuance of the warrant. The State, represented by the learned A.G.A., opposed the application.
Held
The Court considered the facts and circumstances of the matter. It directed that if the applicant appears before the trial court and moves an appropriate application for the recall of the impugned order (the Non-Bailable Warrant), the same shall be decided expeditiously in accordance with law. For a period of 15 days from the order date, or until the applicant moves the recall application, whichever is earlier, no coercive action shall be taken against the applicant. The Court also stipulated that it would not entertain fictitious and repetitive personal exemption applications, and if filed, they would be dismissed with reasonable costs. The application was disposed of accordingly.
Key Issues
1. Whether the Non-Bailable Warrant dated 03.07.2024, issued by the learned Additional Session Judge, Court No. 7, Agra, in GST No. 06/2016, arising out of Case Crime No. 382/2015 under Section 2/3 of the Gangsters Act, Police Station- Atmaddaula, District- Agra, is liable to be quashed on the ground of the applicant's lack of knowledge of the proceedings. Petitioner's Contention: The applicant argued that the impugned order (the Non-Bailable Warrant) was against the facts and law. He claimed he had no knowledge of the proceedings initiated against him, which prevented him from appearing on the date fixed by the trial court, leading to the issuance of the warrant. Revenue's Contention: The learned A.G.A. for the State opposed the application.
Sections Cited
Section 482
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2024:AHC:148753 Court No. - 80 Case :- APPLICATION U/S 482 No. - 25551 of 2024 Applicant :- Kuldeep Singh @ Kanhaiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the Non Bailable Warrant dated 03.07.2024 passed by learned Additional Session Judge, Court No. 7, Agra in GST No. 06/2016, (State Vs. Shashikant and others) arising our of Case Crime No. 382/2015, under Section 2/3 of the Gangsters Act, Police Station- Atmaddaula, District- Agra.
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 he could not appear on the date fixed by the trial court, hence, non-bailable warrant was issued against the applicant.
Per contra learned A.G.A has opposed.
Considering the facts and circumstances of the matter, it is directed that in case the applicant appears and moves appropriat
The judgment continues below.
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