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2025 DAILYLAW 172278 (ALL)

HAUSILA PRASAD SHUKLA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/38762/2025 · 2025-10-27

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38762 of 2025 Court No. - 79 (SL No.5) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Abhishek Krishna, learned counsel for the applicants and Sri Kamlesh Kumar Tripathi, learned A.G.A. for the State. 2. The instant application under Section 528 BNSS has been filed seeking quashing of the Non-Bailable warrants dated 17.10.2024 passed in Criminal Case No.66 of 2021 (State vs. Shiv Pratap Shukla and Ors.) arising out of Case Crime No. 412 of 2019 under Sections 498A, 323, 504, 506, 406 I.P.C. and under Section 3/4 of the D.P. Act, Police Station- Mahila Thana, District- Prayagraj, pending in the court of learned Chief Judicial Magistrate, Prayagraj. 3. Learned counsel of the applicants submits that the applicants herein are the mother-in-law, father-in-law, and the brother-in-law of the opposite party no.2. The applicants herein were earlier granted anticipatory bail during the pendency of the investigation in the matter. Subsequently, the charge-sheet was filed. The husband has appeared in the trial court. Subsequent to the filing of the charge sheet, the applicants had also approached this Court by filing Application under Section 482 Cr.P.C. No. 24765 of 2022, which was dismissed as not pressed vide order dated 13.09.2022. Another Application under Section 482 Cr.P.C. No. 14355 of 2021 was also filed on behalf of the applicants herein, which was disposed of vide order dated 10.01.2025 with a direction to the applicants Versus Counsel for Applicant(s) : Abhishek Krishna, Ved Prakash Mishra Counsel for Opposite Party(s) : G.A. Hausila Prasad Shukla And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) herein to surrender before the trial court and apply for regular bail. Despite the aforesaid orders and directions issued by this Court, the applicants had not appeared before the trial court till date and are seeking quashing of the non-bailable warrants issued against them on 17.10.2024. 4. Learned A.G.A. also points out that the opposite party no.2 has also filed an Application under Section 482 Cr.P.C. No. 42133 of 2023, which was disposed of vide order dated 02.12.2023 with a direction to the trial court to take appropriate steps in accordance with law for ensuring the presence of the accused persons in the instant case. Thus, there is a positive direction by the Coordinate Bench of this Court for expeditious disposal and ensuring presence of the applicants before the trial court. 5. Further, the two applications under Section 482 Cr.P.C. filed by the applicants have already been dismissed. Therefore, there is no occasion for this Court to entertain the instant application and quash the proceedings as prayed, nor there is any occasion for entertaining the instant application for quashing of the order issuing the non-bailable warrants against the applicants, which has been issued pursuant to the order dated 02.12.2023 passed by this Court. 6. Accordingly, this Court do not find any good reason to entertain the instant application and the same is dismissed. October 28, 2025 Shubham Arya NA528 No. 38762 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad