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2025 DAILYLAW 123932 (ALL)

JAGDAMBA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/1457/2025 · 2025-02-21

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11218 Court No. - 18 Case :- APPLICATION U/S 482 No. - 1457 of 2025 Applicant :- Jagdamba And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shiv Ram Tewari,Mukesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the non-bailable warrant dated 23.12.2024 issued against the applicants in Criminal Case No. 2355 of 2016 (Shri Chandrabhan Vs. Khareshwari) arising out of Case Crime No. 200 of 1994, under Section 364 IPC, Police Station Ikauna, District Bahraich (now Shrawasti) pending in the court of Additional Chief Judicial Magistrate, Bahraich. At the outset, learned counsel for the applicants gave up his challenge to the aforesaid order of non-bailable warrant against the applicants by contending at the Bar that he is not pressing the prayer made in this application on merits and confined his submission requesting to grant some protection to the applicants to surrender before the concerned Court below. Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period. In view of the above, the relief as sought by the applicants in the instant application is refused. However, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned Court below within two weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the Courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922. For the period of two weeks from today or till the time of surrender of the applicants before the concerned Court below, whichever is earlier, non- bailable warrant dated 23.12.2024 shall be kept in abeyance. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 21.2.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench