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2025 DAILYLAW 65539 (ALL)

LAL SINGH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/19970/2025 · 2025-07-27

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123794 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 19970 of 2025 Applicant :- Lal Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the non bailable warrants and proceeding under Section 82+83 Cr.P.C. dated 13.11.2024 as well as issued on subsequent dates by Court of learned Chief Judicial Magistrate, Etah in Criminal Case No. 9084 of 2022 (State Vs. Lal Singh and Others), under Sections 377, 34 I.P.C., Police Station- Kotwali Nagar, District- Etah (arising out of Case Crime No. 1128 of 2019, registered under aforesaid sections at Police Station- Kotwali Nagar, District- Etah). 3. From the record, it transpires that on account of the failure of the applicants to appear before the court below, non-bailable warrants and proceedings under Section 82 and 83 Cr.P.C. have been initiated against the applicants. 4. Learned counsel for the applicants submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicants to appear before the court below. 5. Considering the facts and circumstances of the case, it is provided that the applicants shall appear before the court concerned within three weeks from today and move an application for recall of non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law. 6. For a period of three weeks, the execution of non bailable warrant issued against the applicants shall remain stayed. 7. In case of default, the interim protection granted by this Court shall stand automatically vacated and the court below shall be free to proceed against the applicant in accordance with law. 8. With the aforesaid direction, the 482 application is finally disposed off. Order Date :- 28.7.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad