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2025 DAILYLAW 128640 (ALL)

MERAJ KHAN @ MERAJ AHAMAAD v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER

A482/2347/2025 · 2025-03-12

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15269 Court No. - 16 Case :- APPLICATION U/S 482 No. - 2347 of 2025 Applicant :- Meraj Khan @ Meraj Ahamaad Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shadab Haider,Bal Keshwar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.In view of the proposed order being passed, notices to respondent No.2 is dispensed with. 2.Heard learned counsel for the petitioner and learned A.G.A. for the State-respondent. 3.This application has been filed against the impugned Non- bailable warrant dated 03.03.2025 issued by Chief Judicial Magistrate, Sitapur in Complaint Case no.1941/2024, under Sections 323, 420, 504 IPC, P.S. Talgaon, District-Sitapur. 4.Learned counsel for the petitioner submits that application under Section 482 was filed by the petitioner which was disposed of granting liberty to the petitioner to file a discharge application through counsel within fifteen days from the date of passing of the order. 5.It is submitted that within fifteen days, the discharge application has been filed on 21.02.2025 which was taken on record and next date 03.03.2025 was fixed. On 03.03.2025 straight away Non-bailable warrants have been issued although there was a direction of this Court to decide the discharge application within the stipulated time and discharge application was to be presented through counsel. It is prayed that learned court below may be directed to decide the discharge application first and Non-bailable Warrants which have been issued without application of mind are liable to the set aside. 6.Learned A.G.A. has opposed the contention. 7.Perused the record. 8.A perusal of the record shows that order of this Court has been taken on record on 01.03.2025, the order-sheet depicts that on 03.03.2025 an endorsement has been made on the left margin of the order-sheet to the effect that Non-bailable warrants be issued through Superintendent of Police against the absent accused, this is in teeth of the order passed by this Court whereby the accused was already granted protection and was permitted to pursue his discharge application through counsel which he has filed on 01.03.2025 which was to be heard through counsel, there was no occasion for the learned Magistrate to issue Non-bailable warrants accordingly, the order dated 03.03.2025 is set aside. 9.Learned court below is directed to consider and decide the discharge application in letter and spirit of the order passed by this Court dated 19.02.2025 within the stipulated time as directed in that order. 10.The petition is disposed of accordingly. Order Date :- 12.3.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench