Neutral Citation No. - 2025:AHC-LKO:17573 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2566 of 2025 Applicant :- Pawan Sutt Mishra @ Raju Mishra And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Abhishek Kumar Singh,Shubhangi Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Supplementary affidavit filed today bringing on record the death certificate of Respondent No.2 - Asha Devi issued by the Registrar (Birth & Death) and death certificate issued by the Gram Pradhan, is taken on record. 2. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 3. The present application has been filed under Section 482 Cr.P.C. by the applicants with the following prayer:- "To issue an order or directions for quashing the impugned NBW order dated 18.01.2025 passed in ST. No.165/2014, Crime No.45/2012, Under Section 323, 504, 506 I.P.C. & Section 3(1)X SC & ST Act, P.S. Mohanlalganj, District - Lucknow, in re: State of U.P. versus Dev Dutt Mishra & Others, passed by the Spl. Judge SC & ST Act, Lucknow " 4. Learned counsel for the applicant has submitted that on 12.08.2012 an F.I.R. was lodged by the Respondent No.2, who is now no more, under Sections 323, 504, 506 I.P.C. and Section 3(1)(X) SC/ST Act and in pursuance thereof Trial No.165/2014 is going on. In the said case crime the applicants have already been enlarged on bail. 5. It is further submitted that the applicants had always appeared almost on all the dates before the trial court till 2020. Due to Covid-19, learned counsel for the applicants had informed them that there is a circular according to which the applicants were not require to appear and whenever the proceedings will start the same will be informed to them, but when the applicants got no information the case from the counsel, they enquired and found that the counsel of the applicants had expired during this period. The applicants had engaged some other counsel for tracing out the file and dates of the case, only then they got knowledge about the impugned order dated 18.01.2025 by which the non-bailable warrants have been issued against the applicants. 6. It is further submitted that prior to issuance of non-bailable warrant, it reveals from the order-sheet that at no point of time any bailable warrant was issued against the applicants. 7. It is further submitted that the applicants are giving undertaking before this Court that they will appear and cooperate in the trial by appearing on the the dates fixed. 8. It is further submitted that the impugned order dated 18.01.2025 may be quashed and liberty may be given to the applicants to move bail application in the light of judgement of Hon'ble Supreme Court in the case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another (2022) 10 S.C.R. 351 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116. 9. On the other hand, learned A.G.A. though vehemently opposed the application but unable to dispute the submission made by the learned counsel for the applicants. 10. After hearing learned counsel for the applicants and going through the record, it is found that prior to issuance of non- bailable warrants, at no point of time bailable warrants were issued against the applicants and during this period counsel for the applicants had expired. It appears that the non-appearance of the applicants in the case is unintentional and as the undertaking given by the applicants before this court, it if found appropriate to quash the impugned order dated 18.01.2025 issuing non-bailable warrant. 11. Accordingly, the application U/s 482 Cr.P.C. is allowed. 12. The order impugned N.B.W. dated 18.012025 passed in S.T. No.165/2014 is hereby quashed. 13. The applicants are at liberty to move bail application before the court concerned within 30 days and the court concerned shall consider and decide the same expeditiously in accordance with law. 14. Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. Order Date :- 27.3.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench