HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 43287 of 2024 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. The case is taken up on mentioning. 2. Heard Sri Sheikh Moazzam Inam, learned counsel for the applicants, Sri Kartikey Pandey, learned counsel for opposite party no.2 and Sri B. P. Maurya, learned AGA for the State-opposite party no.1. 3. This application u/s 482 Cr.P.C. has been preferred for quashing of the impugned order dated 26.11.2024, passed by the Judicial Magistrate, Ist Basti, in Case No.2148 of 2022 (State Vs. Mohd. Akram and Others), arising out of Case Crime No.260 of 2021, under sections 147, 148, 149, 325, 329, 323, 427, 504, 506, IPC, Police Station Walterganj, District Basti, pending in the court of learned Judicial Magistrate, Basti. 4. It is contended by learned counsel for the applicants that NBW and process under section 82 Cr.P.C. were initiated against the applicants by the learned Magistrate, which was challenged before the revisional court, but the revision was dismissed. Against the said order the applicants earlier approached this Court by means of filing an Application U/s 482 No.8052 of 2024 and the co-ordinate Bench of this Court vide order dated 15.05.2024 directed the learned Magistrate that if the applicants files an application for recall of the order issuing non-bailable warrant and process under section 82 Cr.P.C., the said application shall be considered and disposed of expeditiously, in accordance with law. In pursuance of the order dated 15.05.2024, the applicants have filed an application before the learned Magistrate, but the learned Magistrate instead of deciding the recall application of the applicants has again issued Versus Counsel for Applicant(s) : Sheikh Moazzam Inam Counsel for Opposite Party(s) : B.S. Pandey, G.A., Kartikey Pandey Masurunnish And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) NBW and process under section 82 Cr.P.C. by impugned order dated 26.11.2024. He further submits that the impugned order suffers from patient illegality and deserves to be set-aside. 5. On the other hand, learned counsel for opposite party no.2 has not disputed the above submissions of learned counsel of the applicants. However, learned AGA for the State has opposed the above submissions made by learned counsel for the applicants and submitted that order impugned is just and proper. 6. It appears that an application was filed by the applicants before the learned Magistrate on 10.06.2024, praying therein to cancel the NBW and process under section 82 Cr.P.C., in pursuance to the order of this Court dated 15.05.2024, passed by the co-ordinate Bench of this Court, in application U/s 482 No.8052 of 2024. On perusal of the entire order sheet it appears that the said application of the applicants has not been decided by the learned Magistrate and again NBW and process under section 82 Cr.P.C. was issued vide order impugned dated 26.11.2024. It appears that the learned Magistrate has not paid attention to the earlier order dated 15.05.2024, passed by the co-ordinate Bench of this Court, in application U/s 482 No.8052 of 2024 and straightway issued NBW and process under section 82 Cr.P.C., which is against the law laid down by Hon'ble Supreme Court in the case of Inder Mohan Goswami and Another Vs. State of Uttaranchal and Others, AIR 2008 SC 251. 7. In view of the above, the order impugned dated 26.11.2024 is hereby set-aside and the present application is allowed. 8. The learned Judicial Magistrate shall be at liberty to proceed against the applicants by issuing a fresh summon on the date fixed in the matter, in accordance with law. 9. With the above direction the application is disposed of. September 8, 2025 VKG A482 No. 43287 of 2024 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad