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Neutral Citation No. - 2025:AHC:6598 Court No. - 78 Case :- APPLICATION U/S 482 No. - 42826 of 2024 Applicant :- Yameen And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Garun Pal Singh, learned counsel for the applicants and Sri Ajay Singh learned AGA-I for the State and perused the records.
3. The present application under Section 482 Cr.P.C. has been filed by the applicants- Yameen, Javed, Ballu and Irfan with the prayer to allow the present application and set aside the impugned
order dated 01.03.2021 passed by learned Court of Judicial Magistrate, Mathura in Case No. 883/IX of 2014 (State vs. Yameen and others) arising out of Case Crime No. 254 of 2013, under Sections 323, 324, & 506 I.P.C., Police Station Sadar Bazar, District Mathura.
4. After arguments on merits at length learned counsel for the applicant states that he does not want to press the prayers made in the present petition on merits. He submits that vide order dated 01.03.2021 non bailable warrants have been issued against the applicants. He submits that the purpose of the applicants would be served if they are permitted to appear before the trial court within a period of two weeks from today and file a regular bail application/an application for recall of non-bailable warrants.
5. Learned counsel for the State has no objection of aforesaid
arguments of learned counsel for the applicants.
6. In view of the above, the prayer for quashing as prayed for is dismissed as not pressed.
7. However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants appear and
apply for bail/an application for recall of non-bailable warrants before the court concerned within two weeks from today, the same shall be considered and decided in accordance with law.
8. For a period of two weeks from today or till appearance of the applicants, whichever is earlier, the non-bailable warrants be kept in abeyance. However, if the applicants do not appear in the aforesaid time, the court concerned shall proceed as per law.
9. The present application is disposed of. (Samit Gopal,J.)
Order Date :- 15.1.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad