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2025 DAILYLAW 146404 (ALL)

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

A482/5003/2025 · 2025-06-23

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36053 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5003 of 2025 Applicant :- Rajkumar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shiva Nand Pandey,Mithlesh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicants as well as learned A.G.A. for the State. This application has been filed with a prayer to allow this application and quash the impugned summoning order dated 17.05.2011 as well as Non Bailable Warrant dated 21.05.2025 under Section 435 I.P.C. in Case Crime No. 38 of 1999 (Laxmikant Vs. Mathura Prasad and others) issued by ACJM/FTC, Court No. 19, Sultanpur, Police Station Karaundi Kala, District Sultanpur. It is submitted by learned counsel for the applicants that in this case final report was submitted by the police thereafter protest application was filed and summoning order was passed by the learned trial court in the year 2011. Now, on 21.05.2025 Non Bailable Warrant has been issued by the learned trial court. It is further submitted that they could not appear before the learned court since they have no knowledge about the summoning order therefore request to set aside the order passed against him on 21.05.2025. Learned A.G.A. has opposed the prayer as aforesaid in this regard. On considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A., perusal of record, it appears that on complaint the learned trial court has summoned the applicants under Section 435 I.P.C. which is bailable offence. Due to none appearance of the applicants order dated 21.05.2025 has been passed for issuing Non Bailwable Warrants against them for ensuring their attendance. However, the applicants are directed that in case, if applicants appear and move bail/recall application before the learned court concerned within a period of 15 days from today, the same shall be decided by it as expeditiously as possible in the light of latest law as laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022. Till then, the effect of N.B.W. against the applicants shall remain in abeyance. Accordingly, this application stands disposed of finally. Order Date :- 23.6.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench