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2025 DAILYLAW 80989 (ALL)

SHIVA TRIPATHI AND ANOTHER v. State of U.P. AND ANOTHER

A482/24505/2024 · 2025-01-16

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6834 Court No. - 73 Case :- APPLICATION U/S 482 No. - 24505 of 2024 Applicant :- Shiva Tripathi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Agnihotri Kumar Tripathi Counsel for Opposite Party :- G.A.,Ram Chandra Solanki Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record. 2. This application under Section 482 Cr.P.C. has been preferred against order dated 02.11.2023, passed by learned Chief Judicial Magistrate (J.D.)F.T.C./Judicial Magistrate, Etawah, in Complaint No. 3771 of 2021, under Section - 406 I.P.C., Police Station - Friends Colony, District- Etawah, whereby non-bailable warrants have been issued against the applicants. 3. It is submitted by learned counsel for applicants that the impugned complaint was filed making false and baseless allegations and applicants were summoned vide order dated 10.11.2021. Applicant no.1 is on bail but applicant no.2 could not appear before the court concerned so far. It was submitted that by the impugned order dated 02.11.2023, non-bailable warrants have been issued against applicants. Learned counsel submitted that applicants are willing to appear before the court concerned and till then some interim protection may be granted to them. 4. Learned counsel for the opposite party no.2 and learned A.G.A. have opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. In view aforesaid, it is directed that in case applicants appear/surrender before the court concerned within a period of three weeks from today and apply for bail/cancellation of warrants, their respective applications shall be decided expeditiously in accordance with law. For a period of three weeks from today or till the applicants appear before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 6. With the aforesaid observations, the instant application is disposed of. Order Date :- 16.1.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad