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2025 DAILYLAW 58524 (ALL)

CHANDRKANT TIWARI v. STATE OF U.P.

NA528/17640/2025 · 2025-05-18

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82975 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 17640 of 2025 Applicant :- Chandrkant Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Raghvendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application under Section 528 BNSS has been filed by the applicant for quashing the recovery warrant dated 05.11.2022 passed in Misc. Case No.108 of 2022 (State Vs. Ram Ajor and others) against the applicant as a guarantor and further to stay the recovery warrant dated 05.11.2022 passed in Misc. Case No.108 of 2022 (State Vs. Ram Ajor and others) arising out of Case Crime No. 204 of 2009 under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act. 3. It is submitted by learned counsel for applicant that applicant was surety for accused Santosh in Case Crime No.204 of 2009. Learned counsel for applicant submits that recovery warrant has been issued against applicant as the accused-Santosh has not appeared before the court concerned. Learned counsel for applicant further submits that within 15 days, accused Santosh would be produced before the court concerned. 4. In view of statement made by learned counsel for applicant, for a period of 20 days from today, recovery warrant issued against applicant- Chandrkant Tiwari shall be kept in abeyance and the applicant is provided an opportunity to produce accused Santosh before the court concerned within 15 days. If within 15 days, accused Santosh is not produced then the recovery warrant against applicant shall be executed by respondent authorities without fail. 5. Registrar (Compliance) of this Court is directed to send a copy of this order to the court concerned for compliance. 6. With the aforesaid observation/direction, the application under Section 528 BNSS is disposed of. Order Date :- 19.5.2025/D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad