BAL KISHAN AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/33869/2025 · 2025-10-05
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 92195 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 92195 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33869 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section - 528 B.N.S.S. has been filed with the following prayer :-
"It is, therefore, Most Respectfully prayed that the Hon'ble Court may most graciously be pleased to allow the instant application and quash the impugned order dated 03.06.2025 as well as 01.07.2025 whereby the court of learned Additional District Judge / F.T.C.-Ist, Kannauj has issued recovery warrant against the present applicants in S.S.T. No. 664 of 2022 (State Vs. Rinku @ Rajeev), arising out of Case Crime No. 397 of 2022, under Section 307 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Chibramau, District Kannauj."
3. It is submitted by learned counsel for the applicants that applicants were surety of accused Rinku in aforesaid case and that before initiating proceedings under Section - 446 Cr.P.C., no notice was served upon the applicants. As soon as applicants came to know about said proceedings, they have informed the Trial court that accused Rinku is in judicial custody in another case in District - Mainpuri. It was submitted that no appropriate order of forfeiture of bail bond has been passed by the Trial court and that no opportunity has been granted to the applicants to file their objections against proceedings under Section - 446 Cr.P.C.. It was further submitted that the prayer made above is not being pressed and that Versus Counsel for Applicant(s) : Manoj Kumar Srivastava Counsel for Opposite Party(s) : G.A. Bal Kishan And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
applicants may be permitted to file their objections before the Trial court concerned against proceedings under Section - 446 Cr.P.C. and till then protection may be granted to them. 4. Having considered facts of the matter and submissions of learned counsel for the parties, it is directed that in case applicants file objections against proceedings under Section - 446 Cr.P.C. before the court concerned within a period of two weeks from today, the same shall be considered and decided expeditiously in accordance with law.
It is further directed that for a period of two weeks from today and in case any such objections are filed by the applicants before the court concerned within the aforesaid period, till disposal of such objections, no coercive actions shall be taken against the applicants. 5. The application under Section - 528 BNSS is disposed of with aforesaid observations. October 6, 2025 S Rawat NA528 No. 33869 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad