HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 5577 of 2024 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicants as also the learned A.G.A. and perused the records. 2. The applicants herein pray for the following reliefs: “I. To quash the impugned proceeding arising out from the summoning order dated 23.07.1987 in complaint case no- 229/2020 Sunil Kumar vs Arjun Srivastava pending before Additional Chief Judicial Magistrate I Faizabad. (contained in annexure no-04) II. To quash the non-bailable warrant against the applicant by means of order dated 13.05.2024 issued in complaint case no- 229/2020 Sunil Kumar vs Arjun Srivastava pending before Additional Chief Judicial Magistrate I Faizabad.(contained in annexure no-10) III. Not to take any coercive action against the applicant in pursuance of the impugned summoning order dated 23.07.1987 issued in complaint case no-229/2020 Sunil Kumar vs Arjun Srivastava pending before Additional Chief Judicial Magistrate I Faizabad.(contained in annexure no-04) Versus Counsel for Applicant(s) : Nitin Kumar Mishra, Kamlesh Kumar Singh Counsel for Opposite Party(s) : G.A. Rakesh Raina And Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Others .....Opposite Party(s) IV. Any other order this Hon'ble Court may deem fit may also be passed in the interest of justice in favour of the applicants.” 3. Contention of the learned counsel for the applicants is that the complainant had preferred application under Section 190 Cr.P.C. against the applicants on 28.05.1987 making allegation of loot. The complainant was examined under Section 200 Cr.P.C. by the Addl. Chief Judicial Magistrate-I, Faizabad. Thereafter, under Section 202 Cr.P.C. Mohd.Iqbal was also examined on 16.07.1987 and summoning order was passed on 23.07.1987. In pursuance of the same, the applicants had appeared before the court below and the bail was granted on 03.12.1996. It is further contention of the learned counsel for the applicants that the case is pending since long time and notice was issued to the complainant, but he never turned up, which is reflected in the orders dated 04.03.2021, 06.04.2021 and 16.04.2021. In the meantime, Non-Bailable Warrant had been issued against the applicants, because they also could not appear before the court below. 4. It has also been submitted by the learned counsel for the applicants that the complainant Sunil Kumar Arora has died on 26.04.2023. The trial court did not summon the other witnesses, therefore, the applicants preferred discharge application to the Addl. Chief Judicial Magistrate, Faizabad, on 05.01.2024, which is still pending. 5. It is case of the applicants that it is old matter of 1987, complainant has died and the witnesses are also not coming forward, therefore, the discharge application dated 05.01.2024 is liable to be decided by the court below. 6. Learned A.G.A. has opposed the case and has submitted that the applicants did not turned up, that is why Non-Bailable Warrant has been issued and the trial court is under legal obligation to proceed in the case. 7. In the given facts and circumstances, I direct the trial court to take decision in pursuance of the discharge application dated 05.01.2024 preferred by the applicants, in accordance with law, say within six weeks from the date of production of certified copy of this order. A482 No. 5577 of 2024 2 8. For six weeks, operation and execution of the Non-Bailable Warrant shall remain stayed. 9. With the above observations/directions this application is disposed of. November 18, 2025 A.Nigam A482 No. 5577 of 2024 3 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench