Mahsood Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Mahsood Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with conditional interim relief: subject to deposit of Rs. 5,000/- in favour of the concerned District Legal Services Authority, the trial Court shall decide expeditiously and in accordance with law any appropriate application moved by the applicant for recalling the NBW dated 20.03.2024; no coercive action against the applicant for 15 days or till such application is moved, whichever is earlier; fictitious/repetitive personal exemption applications not to be entertained and, if filed, to be dismissed with reasonable costs.

Issue for consideration

Whether the Non-Bailable Warrant dated 20.03.2024 issued by the Additional District and Sessions Judge, Court No. 5, Saharanpur against the applicant in Special Case No. 11 of 2014 (State v. Mahsood) ought to be quashed under Section 482 Cr.P.C.

Court's answer

The Court did not quash the NBW outright; instead it directed that, subject to deposit of Rs. 5,000/- by the applicant in favour of the concerned District Legal Services Authority, in case the applicant appears and moves an appropriate application before the trial Court for recalling the impugned order, the same shall be decided expeditiously in accordance with law (per ¶¶10-11).

Ratio / Principle

No coercive action shall be taken against the applicant for a period of 15 days, or till the applicant moves an application before the trial Court, whichever is earlier.

Key takeaways

Further direction that fictitious and repetitive personal exemption applications shall not be entertained and, if filed, shall be dismissed with reasonable costs.ratio¶¶11

Detailed headnote1 paragraphs

Allahabad High Court (Vinod Diwakar, J.) disposed of an application under Section 482 Cr.P.C. filed by Mahsood for quashing a Non-Bailable Warrant dated 20.03.2024 issued by the Additional District and Sessions Judge, Court No. 5, Saharanpur in Special Case No. 11 of 2014 titled State v. Mahsood, arising out of Case Crime No. 182, 2013, under Sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Gangoh, District Saharanpur. The warrant was not quashed directly. Instead, subject to the applicant depositing Rs. 5,000/- in favour of the concerned District Legal Services Authority, the trial Court was directed to decide expeditiously, and in accordance with law, any appropriate application moved by the applicant for recalling the impugned order. No coercive action was to be taken against the applicant for 15 days or till such application was moved, whichever was earlier. The Court further directed that fictitious and repetitive personal exemption applications would not be entertained and, if filed, would be dismissed with reasonable costs. Decided 27.1.2025; neutral citation 2025:AHC:13398.

Neutral Citation No. - 2025:AHC:13398

Court No. - 76

Case :- APPLICATION U/S 482 No. - 2636 of 2025

Applicant :- Mahsood Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Vinod Diwakar,J.

Heard learned counsel for the applicant 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 20.03.2024 issued by learned Additional District and Sessions Judge, Court No. 5, Saharanpur in Special Case No. 11 of 2014 titled State v. Mahsood, arising out of Case Crime No. 182, 2013, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Gangoh, District Saharanpur.

Learned counsel for applicant submits that impugned order is against the facts and law. The applicant had no knowledge about the proceedings initiated against him due to which they could not appear on the date fixed by the trial Court, hence, non-bailable warrant was issued against the applicant.

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

Considering the facts and circumstances of the matter, subject to deposit of Rs. 5,000/- by the applicant in favour of District Legal Services Authority concerned, it is directed that in case the applicant appears and moves appropriate application before the trial Court for recalling the impugned order, the same shall be

decided expeditiously in accordance with law. For a period of 15 days or till the applicant moves an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicant. Further, the Court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs.

With the aforesaid observation, the application is disposed of.

Order Date :- 27.1.2025

Shafique

Justice Vinod Diwakar

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