KOMAL ALIAS KRAPAL SINGH AND 10 OTHERS v. STATE OF U.P. AND ANOTHER
A482/1445/2025 · 2025-01-26
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6159 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6159 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:14470 Court No. - 76 Case :- APPLICATION U/S 482 No. - 1445 of 2025 Applicant :- Komal Alias Krapal Singh And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maithali Sharan Pipersenia Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State-respondent.
2. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the Non Bailable Warrants order dated 25.10.2024 and 6.12.2024 passed by Additional Chief Judicial Magistrate (ACJM) Garautha Jhansi in Case No. 1841 of 2019, arising out of Case Crime No.102 of 2018, under Section 379, 411 and Section 3 Prevention of Damages to Public Property Act, 1984, pending in the court of Additional Chief Judicial Magistrate (ACJM) Garautha Jhansi.
3. Learned counsel for applicants submits that impugned order is against the facts and law. The applicants had no knowledge about the proceedings initiated against them due to which they could not appear on the date fixed by the trial Court, hence, non-bailable warrants were issued against the applicants.
4. Per contra, learned A.G.A has opposed.
5. Considering the facts and circumstances of the matter, it is
directed that in case the applicants appears and moves appropriate application before the trial Court for setting aside the impugned
order, the same shall be decided expeditiously in accordance with
law. For a period of 15 days or till the applicants moves an application before the trial court, whichever is earlier, no coercive action shall be taken against the applicants. Further, the court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs.
6. The application is disposed of accordingly.
Order Date :- 27.1.2025 Ujjawal Justice Vinod Diwakar Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad