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2025 DAILYLAW 183909 (ALL)

KHUSHIRAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/9532/2025 · 2025-11-14

Tej Pratap Tiwari

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9532 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard learned counsel for the applicants, learned counsel for the State of U.P. and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the N.B.W. order dated 05.07.2025 as well as order dated 29.10.2025 of N.B.W. plus 82 Cr.P.C. for summoning the applicants fixing 12.11.2025 passed by Additional Chief Judicial Magistrate, Ambedkar Nagar in Criminal Case No. 1582 of 2025 (State vs. Khushiram and others). 3. After arguments on merits at length learned counsel for the applicant states that he does not want to press the prayer made in the present petition on merits. He submits that vide order dated 05.07.2025 non bailable warrants have been issued against the applicants whereas vide order dated 12.11.2025 non bailable warrants and process under Section 82 Cr.P.C. has been initiated. He submits that the purpose of the applicants would be served if they are permitted to appear before the trial court within a period of two weeks from today and file a regular bail application/an application for recall of non-bailable warrants and process under Section 82 Cr.P.C. 4. Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant. 5. However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants appear and apply for bail/an application for recall of non-bailable warrants and process under Section 82 Cr.P.C. before the court concerned within two weeks from today, the same shall be considered and decided in accordance with law. Versus Counsel for Applicant(s) : Vikas Verma, Abhishek Srivastava, Shweta Srivastava Counsel for Opposite Party(s) : G.A. Khushiram And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 6. For a period of two weeks from today or till appearance of the applicants, whichever is earlier, the non-bailable warrants and process under Section 82 Cr.P.C. be kept in abeyance. However, if the applicants do not appear in the aforesaid time, the court concerned shall proceed as per law. 7. The present application is disposed of. November 14, 2025 Manoj A482 No. 9532 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad, Lucknow Bench