Jagdamba and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Jagdamba and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Main prayer for quashing of the non-bailable warrant refused; alternative prayer allowed - applicants to surrender before the court below within two weeks with the NBW dated 23.12.2024 kept in abeyance in the interim, and direction that their bail applications be disposed of expeditiously in accordance with law and the Satender Kumar Antil guidelines.

Issue for consideration

Whether the non-bailable warrant dated 23.12.2024 issued against the applicants in Criminal Case No. 2355 of 2016 should be quashed. +1 more

Court's answer

The principal relief sought in the application (quashing of the non-bailable warrant dated 23.12.2024) is refused, as learned counsel for the applicants gave up the challenge and did not press the prayer on merits.

Ratio / Principle

On the alternative prayer, the applicants are directed to surrender before the court below within two weeks, and if they apply for bail, their bail applications shall be disposed of expeditiously by the courts below in accordance with law and the guidelines in Satender Kumar Antil v. CBI.

Key takeaways

The non-bailable warrant dated 23.12.2024 shall remain in abeyance for two weeks or until the applicants surrender before the court below, whichever is earlier.ratio¶13

Detailed headnote1 paragraphs

Criminal Procedure - S. 482 Cr.P.C. - quashing of non-bailable warrant - applicants in Criminal Case No. 2355 of 2016 (Shri Chandrabhan Vs. Khareshwari), arising out of Case Crime No. 200 of 1994 under S. 364 IPC, P.S. Ikauna, District Bahraich (now Shrawasti), sought quashing of NBW dated 23.12.2024 - counsel for applicants did not press the main prayer on merits and confined the request to protection for surrender - main relief refused; applicants directed to surrender before the court below within two weeks, NBW kept in abeyance meanwhile; bail applications, if filed, to be disposed of expeditiously in accordance with law and the Apex Court guidelines in Satender Kumar Antil v. CBI, 2021 SCC Online SC 922 - application disposed of (Sanjay Kumar Singh, J.).

Neutral Citation No. - 2025:AHC-LKO:11218

Court No. - 18

Case :- APPLICATION U/S 482 No. - 1457 of 2025

Applicant :- Jagdamba And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shiv Ram Tewari,Mukesh Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants to quash the non-bailable warrant dated 23.12.2024 issued against the applicants in Criminal Case No. 2355 of 2016 (Shri Chandrabhan Vs. Khareshwari) arising out of Case Crime No. 200 of 1994, under Section 364 IPC, Police Station Ikauna, District Bahraich (now Shrawasti) pending in the court of Additional Chief Judicial Magistrate, Bahraich.

At the outset, learned counsel for the applicants gave up his challenge to the aforesaid order of non-bailable warrant against the applicants by contending at the Bar that he is not pressing the prayer made in this application on merits and confined his submission requesting to grant some protection to the applicants to surrender before the concerned Court below.

Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.

In view of the above, the relief as sought by the applicants in the instant application is refused.

However, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender

before the concerned Court below within two weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the Courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922 .

For the period of two weeks from today or till the time of surrender of the applicants before the concerned Court below, whichever is earlier, nonbailable warrant dated 23.12.2024 shall be kept in abeyance.

With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

Order Date :- 21.2.2025 Shubham

Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench