HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 41633 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Praveen Tiwari, learned counsel for the applicant and Shri B.P. Singh, learned AGA for the State. 2. This application under Section 482 Cr.P.C. has been preferred for quashing the charge sheet dated 20.12.2001 being C.S. No.50 of 2001, 53 of 2001, 57 of 2001 & 59 of 2001 as well as entire proceedings of Criminal Case No.117 of 2001 (State of U.P. Vs. Ramchandra Vishwakarma and others), arising out of Case Crime No.324 of 1997, under Sections 406, 409, 420, 467, 468, 471, 120-B IPC, Police Station Kotwali City, District Mirzapur, pending in the Court of learned Chief Judicial Magistrate, Mirzapur. 3. It is contended by learned counsel for the applicant that the applicant was not named in the first information report and he has no knowledge for issuance of non bailable warrant against him. Even though, there is no service of summon non bailable warrant has been issued against him, which is in clear violation of settled principles of law laid down in the case of Inder Mohan Goswami and another Vs. State of Uttaranchal and others, 2007 AIR SCW 6679. 4. It is further submitted that some of the co-accused had approached this Court and this Court had stayed the proceedings against them. However, subsequently, the stay order was vacated and they are now facing trial. 5. It is further contended by learned counsel for the applicant that in view of the facts that there is no service of summon on the applicant and a direction Versus Counsel for Applicant(s) : Praveen Kumar Counsel for Opposite Party(s) : G.A. Jn Singh @ Jagdish Narayan Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) may be made to the learned trial Court to consider his application for recall/ cancellation of Non-Bailable Warrant or for bail application of applicant expeditiously in accordance with law laid down in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922. 6. In view of aforesaid, it is directed that in case, applicant appears/ surrenders before the court concerned within a period of eight weeks from today and applies for recall/ cancellation of Non-Bailable Warrant or for bail, the same shall be considered and decided expeditiously, in accordance with settled law. For a period of eight weeks from today or till applicant appears/ surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against applicant. 7. With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed of. October 6, 2025 RKM A482 No. 41633 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad