Sahil and 5 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sahil and 5 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: the applicants may appear and move an appropriate application before the trial Court for recalling the NBW order dated 24.12.2024, to be decided expeditiously in accordance with law; interim protection that no coercive action be taken against the applicants for 15 days or until such application is moved, whichever is earlier; fictitious and repetitive personal exemption applications not to be entertained and, if filed, to be dismissed with reasonable costs. The quashing prayer itself was not decided on merits.

Issue for consideration

Whether the non-bailable warrants dated 24.12.2024 issued against the applicants in Case No. 19491 of 2009 should be quashed under Section 482 Cr.P.C.

Court's answer

In case the applicants appear and move an appropriate application before the trial Court for recalling the order of non-bailable warrant dated 24.12.2024, the same shall be decided expeditiously in accordance with law.

Ratio / Principle

For a period of 15 days or till the applicants move an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicants.

Key takeaways

The court shall not entertain fictitious and repetitive personal exemption applications; if filed, the same shall be dismissed with reasonable costs.ratio¶8

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vinod Diwakar, J.), Order Date 22.1.2025, Neutral Citation 2025:AHC:10427 — Application under Section 482 Cr.P.C. (No. 1864 of 2025) by Sahil and 5 others seeking quashing of non-bailable warrants dated 24.12.2024 passed by the Judicial Magistrate/Fast Track Court-I, Ghaziabad in Case No. 19491 of 2009 (State v. Sahil and Others), arising out of Case Crime No. 1590 of 2009 under Sections 147, 148, 336, 353, 427 IPC, Section 7 of the Criminal Law Amendment Act and Section 5 of the P.P.D. Act, P.S. Indrapuram, District Ghaziabad. Disposed of with directions: on the applicants appearing and moving an appropriate application before the trial Court for recall of the NBW order, the same to be decided expeditiously in accordance with law; no coercive action against the applicants for 15 days or till such application is moved, whichever is earlier; fictitious and repetitive personal exemption applications not to be entertained and, if filed, to be dismissed with reasonable costs.

Neutral Citation No. - 2025:AHC:10427

Court No. - 76 Case :- APPLICATION U/S 482 No. - 1864 of 2025 Applicant :- Sahil And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Shukla Counsel for Opposite Party :- G.A.

Hon'ble Vinod Diwakar,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present application under Section 482 Cr.P.C., has been filed for quashing the non-bailable warrant dated 24.12.2024 passed by learned Judicial Magistrate/Fast Track Court-I, Ghaziabad in Case No. 19491 of 2009 titled State v. Sahil and Others, arising out of Case Crime No. 1590 of 2009, under Sections 147, 148, 336, 353, 427 I.P.C., Section 7 of Criminal Law Amendment Act and Secretion 5 of P.P.D. Act, registered at P.S. Indrapuram, District Ghaziabad.

It has been argued by the learned counsel for applicants that impugned order is against the facts and law. The applicants could not appear before the trial Court on the date fixed, hence nonbailable warrants were issued against them by order dated 24.12.2024.

Per contra learned A.G.A has opposed the prayer.

Considering the facts and circumstances of the matter, it is directed that in case the applicants appear and move appropriate application before the trial Court for recalling the order of nonbailable warrant dated 24.12.2024, the same shall be decided expeditiously in accordance with law. For a period of 15 days or till the applicants move an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicants. Further, the court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs.

6. The application is disposed of accordingly.

Order Date :- 22.1.2025 Shafique

Justice Vinod Diwakar

Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad