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2025 DAILYLAW 162011 (ALL)

SURAJ @ SURAJ RATHORE AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/7417/2025 · 2025-09-04

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7417 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. 2. As the instant application is being decided at the admission stage itself, issuance of notice to opposite party no. 2 is hereby dispensed with. 3. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023 has been filed with the prayer to quash the order dated 01.10.2022 along with other consequential orders passed by the learned Special Judicial Magistrate(Custom), Lucknow by which non-bailable warrants have been issued against the applicants in S.T. No.13078/2017, arising out of Case Crime No.0395/2013, under Sections 147, 323 and 506 IPC lodged at Police Station Gazipur, District Lucknow. 4. It is contended by the learned counsel appearing for the applicants that the summons were never served upon the applicants and they had no knowledge with respect to pendency of the criminal case against them. He added that the non-bailable warrants have been issued against the applicants and as soon as the case came into their knowledge, they are ready to appear and cooperate in the criminal proceeding. 5. Learned A.G.A. appearing for the State has opposed the contentions aforesaid. 6. Considering the submissions advanced by learned counsel for the parties, particularly, the undertaking given by the applicants that they are ready to appear before the learned trial Court and to cooperate with the criminal proceeding, the impugned non-bailable warrants, issued against the applicants, are directed to be kept in abeyance. Versus Counsel for Applicant(s) : Brij Bhushan Singh, Pranjal Apurva, Sandeep Kumar Mishra Counsel for Opposite Party(s) : G.A. Suraj @ Suraj Rathore And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) 7. The applicants are directed to appear before the learned trial Court on 30th September, 2025 and keep on appearing on each & every date fixed, failing which the learned trial Court may proceed in accordance with law. However, it is provided that as and when the applicants would not be in a position to appear, they will give in writing with cogent reason(s) thereof for their non-presence before the learned trial Court. 8. With the aforesaid observation/direction, the application stands disposed of. September 4, 2025 MVS/- A482 No. 7417 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench