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2025 DAILYLAW 142729 (ALL)

SABIR ALI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AFFAIRS U.P. LKO. AND ANOTHER

A482/4679/2025 · 2025-06-05

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34695 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4679 of 2025 Applicant :- Sabir Ali And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs U.P. Lko. And Another Counsel for Applicant :- Aditya Shukla,Anurag Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. 1. Mr. Ankit Mishra, Advocate has filed Vaklatnama on behalf of opposite party no. 2 today in Court, which is taken on record. 2. Heard learned counsel for applicants, Mr. Ankit Mishra, learned counsel for applicant no. 2, learned A.G.A. for the State and perused the material available on record. 3. By means of the present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) the applicants have sought following prayer:- "to quash the non-bailable warrant order dated 29.03.2023 issued against the applicants in Criminal CAse No. 1702 of 2022 (State Vs. Sabir Ali and others) arising out of Case Crime No. 338 of 2021 under Sections 406, 419 and 420 IPC, Police Station Kotwali, District Sitapur pending before learned Chief Judicial Magistrate, Sitapur." 4. Learned counsel for applicants, after arguing at some length submits that grievance of the applicants shall be redressed in case liberty is granted to the applicants to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021" to which learned A.G.A. has no objection. 5. In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the applicants appear before the trial court within two weeks from today and apply for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra). 6. The application under Section 482 Cr.P.C. is disposed of accordingly. . (Rajnish Kumar, J.) Order Date :- 5.6.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench