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2025 DAILYLAW 111275 (ALL)

SHANNO AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A482/43207/2024 · 2025-08-22

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:146416 Court No. - 89 Case :- APPLICATION U/S 482 No. - 43207 of 2024 Applicant :- Shanno And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sadhu Sharan Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J. 1. The case is taken up on mentioning. 2. Heard Sri Sadhu Sharan, learned counsel for the applicants, Sri Shiv Dutt Shukla, learned AGA for the State-opposite party no.1 are present. 3. This application u/s 482 Cr.P.C. has been preferred for quashing of the impugned N.B.W. dated 13.02.2023 passed by the learned Civil Judge(Junior Division)/Judicial Magistrate, Najibabad, in Criminal Case No.1482 of 2011(State Vs. Asalam and others), arising out of Case Crime No.263 of 2011, under sections 147, 323, 324, 325, 504, 506, IPC, Police Station Najibabad, District Bijnor, pending before the court of learned Civil Judge(Junior Division)/Judicial Magistrate, Najibabad. 4. After some arguments learned counsel for the applicants is confining his prayer for issuance of a direction to the court concerned to consider the recall application of the N.B.W./bail application, of the applicants, as expeditiously as possible in accordance with law. 5. On the other hand, learned counsel for opposite party no.2 as well as learned AGA for the State have opposed the above submissions of learned counsel for the applicants and submitted that learned trial court has rightly issue non-bailable warrant against the applicants. 6. In view of the above facts and circumstances of the case, it is directed that if the applicants surrender/appear before the learned trial court within three weeks from today and apply for recall application for N.B.W./bail application, then their recall application for N.B.W./bail application, shall be heard and decide by the trial court concerned, expeditiously in accordance with law. 7. Till the aforesaid period of three weeks or till the applicants are surrender/appear before the learned trial court, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 8. With the aforesaid direction, the present application is hereby disposed of. Order Date :- 23.8.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad