Brijesh Narayan Singh @ Sardar Singh and 2 Others Vs State of U.P. Thru. Secy. Home Deptt. Govt. Lko and Another

Neutral Citation No. - 2025:AHC-LKO:22803

Court No. - 14

Case :- APPLICATION U/S 482 No. - 2705 of 2025

Applicant :- Brijesh Narayan Singh @ Sardar Singh And 2 Others Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Govt. Lko And Another Counsel for Applicant :- Rajendra Pratap Singh,Ayushi Dixit,Jyoti Singh,Rudra Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the applicants, learned AGA for the State-respondents and perused the record.

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The present application under Section 482 Cr.P.C./528 BNSS has been filed by the applicants with the following main reliefs:

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"Wherefore, It is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set aside the entire proceeding of Criminal Case No. 1107/2024, State Vs. Brijesh Narayan Singh & others" arising out of Case Crime no.968/2023, under section 447, 427, 34, 386 IPC, Police Station-Kotwali Nagar, District-Sultanpur, including the charge sheet dated 13.01.2024 as well as summoning order dated 23.02.2024, whereby the learned Magistrate issued summon after taking cognizance of the matter, apart from the order dated 23.02.2024, whereby non bailable warrant has been issued on 06.03.2025 against the petitioner, contained as Annexure No. 1, 2 & 3 to this petition, to serve the end of justice."

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Learned counsel for the applicants has submitted that the court below at the time of rejecting the application preferred by the applicants for further investigation issued the non bailable warrants against them. The court below should have fixed some date for the appearance of the applicants after rejecting the application for further investigation preferred by the applicants as the applicants are always ready to appear before the court below, hence the issuance of non bailable warrant order is bad in the eyes of law.

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Learned AGA has opposed the present application and has submitted that the applicants were avoiding the proceedings by making application on 21.8.2024 for further investigation after the issuance of summoning order on 23.2.2024 which is not permissible.

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At this stage, learned counsel for the applicants has submitted that the applicants are ready to appear before the concerned court by making an application for bail but the impugned order may be set aside to the extent of issuance of non bailable warrants against them.

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After hearing the learned counsel for the parties, going through the record and prayer made by the learned counsel for the applicants, the position which emerges out in the present case, the applicants had moved an application for further investigation which is their right and the same was rejected by passing the impugned order dated 6.3.2025 and issuing non bailable warrant on the very same day is harsh and unreasonable, which is not acceptable as the applicants have given an undertaking before this Court that they will appear before the court concerned on the next date fixed and move a bail application.

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In these circumstances, it is appropriate to set aside only the part of impugned order dated 6.3.2025 as far as it relates to the issuance of non bailable warrant.

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In view of the facts and circumstances of the case and discussions hereinabove, the present application is partly allowed and the impugned order dated 6.3.2025 is hereby quashed only to the extent of issuance of non bailable warrant.

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Order Date :- 22.4.2025 AKK

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

Brijesh Narayan Singh @ Sardar Singh and 2 Others v. State of U.P. Thru. Secy. Home Deptt. Govt. Lko and Another

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Brijesh Narayan Singh @ Sardar Singh and 2 Others v. State of U.P. Thru. Secy. Home Deptt. Govt. Lko and Another

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