RAM BAHADUR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/8762/2025 · 2025-11-10
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198761 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198761 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8762 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard learned counsel for the applicants and learned AGA. 3. The present petition has been filed with the following prayer:-
"(i) Set-aside the impugned N.B.W. dated 09.09.2025 passed by learned Judicial Magistrate-IIIrd, Ayodhya in Criminal Case No. 1586/2018 arising out of Case Crime No. 31/1998, U/s 323, 324, 504, 506 I.P.C., Police Station-Jahangeerganj, District-Ambedkar Nagar (contained at Annexure No. 1 to this petition)."
4. Learned counsel for the applicants submitted that applicants were falsely implicated in the present case. Thereafter, chargesheet was submitted by the Investigating Officer and further the applicants were enlarged on bail by learned court below in Bail Application No. 514 of
1998. Thereafter, on the advice of their counsel, they went out in relation to the employment and they did not receive any information about appearance before this Court as their counsel died. Therefore, non bail warrant was issued by the concerned court and when this fact came into notice of the applicants, they immediately engaged counsel and upon his inquiry, this fact came into notice that non bailable warrant had already Versus Counsel for Applicant(s) : Anand Prakash Pandey, Dr.Surya Prakash Mishra Counsel for Opposite Party(s) : G.A. Ram Bahadur And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
been issued. The applicants are ready to co-operate in the trial and they will not create any hindrance till conclusion of the trial, therefore, kind indulgence of this Court is necessary. 5. Learned AGA vehemently opposed the submission of learned counsel for the applicants and submitted that alleged offences are of the year 1998 and the applicants are not co-operating, as a result, non bailable warrant was issued. 6. Considering the submissions of learned counsel for the parties and going through the contents of the petition as well as relevant documents, the applicants were enlarged on bail by the Magistrate and thereafter chargesheet was submitted and the applicants engaged lawyer Mr.
C. P. Tripathi, Advocate and he moved application for examination, but he died as mentioned in para 9 and 10 of the application and thereafter, on 09.09.2025, non bailable warrant was issued by the learned court below as the applicants were on bail and there is no evidence that in relation to their involvement in any other crime, therefore, this Court is of the view that the matter requires consideration. 7. Accordingly, non bailable warrant dated 09.09.2025 and the consequential orders are hereby set aside. The petitioners are directed to appear before the learned court below on the next date and co-operate in the trial. 8. The trial court is also directed to conclude the trial expeditiously in accordance with law without giving any unnecessary adjournment to either of the parties. 9. With the aforesaid, the present application under Section 482 CrPC is allowed. November 10, 2025 Raj A482 No. 8762 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench