MANOJ MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRINCIPAL SECRETARY HOME DEPTT. LKO AND ANOTHER
A482/3843/2025 · 2025-09-08
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138444 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138444 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 3843 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record. Instant application has been filed with the prayer to quash the charged sheet dated 12.10.2023, summoning order dated 5.1.2024 and the non-bailable warrant dated 1.9.2025 in Criminal Case No.178 of 2023 pending in the court of Additional Chief Judicial Magistrate, Room No.20, Sultanpur arising out of Case Crime No./F.I.R. No.0235 of 2023 under Sections 323, 506 I.P.C. P.S. Amethi, District Amethi. It is argued by learned counsel for the applicants that no incident has ever taken place as is narrated in the F.I.R. He added that the Investigating Officer in cavaliar manner has investigated the matter and filed the charge sheet, which vitiates in the eyes of law. He next added that without serving the summons, bailable warrants have been issued and during the pendency of this application, non bailable warrants have also been issued on 1.9.2025. He submits that the applicants are ready to appear before the trial court and co-operate in the trial proceedings. Thus, submission is that the effect and operation of the non-bailable warrants as well as bailable warrants issued against the applicants may be kept in abeyance. On the other hand, learned A.G.A. for the State has opposed the contention aforesaid. Considering the submissions of the learned counsel for the parties, it is apparent that the applicants are aggrieved with the order of issuance of bailable against the applicants without service of summon and further during the pendency of this application, non bailable warrant has also been issued for procuring the presence of the applicants. The bailable as well as non-bailable warrant are issued so as to ensure presence of the accused before the Court and the applicant has undertaken that he will appear before Versus Counsel for Applicant(s) : Ashok Kumar, Manish Kumar, Satyarth Dubey Counsel for Opposite Party(s) : G.A. Manoj Mishra And Another .....Applicant(s) State Of U.P. Thru. Principal Secretary Home Deptt. Lko And Another .....Opposite Party(s)
the trial court on the next date fixed and never abscond from the trial proceeding.
In view of the aforesaid and to meet the ends of justice, the effect and operation of the bailable warrant as well as the non-bailable issued against the applicants are hereby kept in abeyance. The applicants are directed to appear before the trial court on the next date fixed and they will keep on appearing before the trial court on each and every date fixed and would not remain absent without submitting an application in writing with urgent reason. Liberty is given to the trial court to proceed against the applicants if the applicants again abscond from the trial proceedings. It is needless to say that in case the applicants desire to move the discharge application before the trial court, the same shall be considered and decided by the trial court expeditiously, strictly in accordance with law. With the aforesaid direction, the instant application is disposed of. September 8, 2025 Ram Murti A482 No. 3843 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench