Dismissed

Naresh Sharma and 6 Others v. State of U.P. and Another

Allahabad HC12 Dec 2024A482/42770/2024

Case brief

AI extract

What is this about?

Application filed to challenge non-bailable warrants issued due to failure to appear in court, where applicant sought to withdraw the pending appeal.

What the court decided

AI extract

Naresh Sharma and 6 Others vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:195576

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 42770 of 2024

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Applicant :- Naresh Sharma And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Kumar Yadav,Uday Bhan Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Uday Bhan, the learned counsel for applicants and the learned A.G.A. for State.

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Perused the record.

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Applicants-Naresh Sharma And 6 Others, have approached this Court by means of present application under Section 482 Cr.P.C. challenging the order dated 02.12.2024 passed by Additional Chief Judicial Magistrate, Court No.6, Moradabad in Complaint Case No. 13373 of 2024 (Smt. Nirmala Vs. Naresh Sharma and others) under Sections 323, 452, 504, 506 IPC, Police Station Majhola District Moradabad, whereby non-bailable warrants have been issued against applicants.

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It transpire from record that the jurisdictional Magistrate passed the summoning order dated 29.03.2024 in Complaint Case No. 13373 of 2024 (Smt. Nirmala Vs. Naresh Sharma and others) under Sections 323, 452, 504, 506 IPC, Police Station Majhola District Moradabad.

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Feeling aggrieved by the aforesaid summoning order applicant-1 Naresh Sharma preferred Criminal Revision No. 325 of 2024 (Naresh Sharma Vs. State of U.P. through D.G.C. Criminal and Another). Since, aforementioned criminal revision was filed with delay, therefore, a delay condonation application under Section 5 of the Limitation Act was also filed. The revisional Court vide order dated 06.11.2024 condoned the delay in filing the criminal revision and thereafter, posted the matter on 14.11.2024.

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According to the learned counsel for applicants there was no sitting of 14.11.2024. Since there is no interim order operating against the summoning order dated 29.03.2024 and the accused applicants who were summoned by Court below vide order dated

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29.03.2024 failed to appear before jurisdictional Magistrate, therefore, non-bailable warrants were issued against accusedapplicants by the jurisdictional Magistrate vide order dated 02.12.2024.

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On the above premise, the learned A.G.A. submits that remedy of applicants is to approach the revisional court itself where criminal revision filed by applicants against summoning order is pending. It is then contended by the learned A.G.A. that since other accused i.e. applicants 2 to 7 have not preferred any revision before revisional Court, therefore, no illegality can be attached to the order impugned in present application. As such, present application is misconceived and liable to be dismissed.

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When confronted with above, the learned counsel for applicants fairly submits that he be permitted to withdraw present application.

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Learned A.G.A. has no objection to the prayer made by the learned counsel for applicants.

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In view of above, this application is accordingly, dismissed as withdrawn.

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Interim order, if any, stands vacated.

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Order Date :- 12.12.2024 Imtiyaz

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Naresh Sharma and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What the court decided

Naresh Sharma and 6 Others v. State of U.P. and Another

Case brief

What is this about?

What the court decided

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