Allahabad High Court
Rajesh Yadav Alias Guddu vs State Of U.P. And Another on 18 September, 2024
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:151934 Court No. - 77 Case :- APPLICATION U/S 482 No. - 19018 of 2024 Applicant :- Rajesh Yadav Alias Guddu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Achche Lal Singh Yadav,Awadhesh Kumar Malviya Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Awadhesh Kumar Malviya, the learned counsel for applicant and the learned A.G.A. for State.
2. Perused the record.
3. Applicant-Rajesh Yadav Alias Guddu, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. challenging the order dated 22.10.2021 passed by Additional District Judge-III, District-Mirzapur in Sessions Trial No. 252 of 2013 (State Vs. Prashant and others) under Sections 342, 365, 328 I.P.C., Police Station-Ahraura, District-Mirzapur whereby non-bailable warrant has been issued against applicant.
4. At the very outset, the learned counsel for applicant submits that in another case, same order was passed by court below against which applicant approached this Court by means of an Application U/S 482 No. 19104 of 2024 (Rajesh Yadav Alias Guddu Vs. State of U.P.), which was disposed of finally vide order dated 05.07.2024. For ready reference the order dated 05.07.2024 is reproduced herein below:-
"1. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent, and perused the record.
2. The instant application has been preferred challenging the impugned order dated 22.10.2021 whereby the learned Additional District Judge-III, Mirzapur has issued non-bailable warrants against the applicant in Sessions Trial No.249 of 2013 titled as State v. Guddu alias Rajesh, arising out of Case Crime No.297 of 2013, under section 3/25 of the Arms Act, registered at P.S. Ahraura, District Mirzapur.
3. It has been argued by the learned counsel for applicant that the impugned order is against the facts and law. The applicant does a private job in Delhi and due to which he could not appear before the trial Court on the date fixed, hence non-bailable warrants were issued against him vide order dated 22.10.2021.
4. Per contra, learned A.G.A has opposed the contentions raised by learned counsel for the applicant.
5. Considering the facts-circumstances of the case, it is directed that in case the applicant appears and moves appropriate application before the trial Court for setting aside the impugned order, 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.
6. The application is disposed of, accordingly.
Order Date :- 5.7.2024 "
5. On the above premise, the learned counsel for applicant submits that interest of justice shall be served in case present application is also disposed of in the light of above order dated 05.07.2024.
6. Learned A.G.A. representing State-opposite party-1 has no objection to the same.
7. In view of above, this application is also disposed of finally in accordance with the directions contained in paragraph 5 of the order dated 05.07.2024 .
Order Date :- 18.9.2024/YK