Aslam and 2 Others Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

Aslam and 2 Others Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: execution of the non-bailable warrants stayed for three weeks, conditional on the applicants appearing before the court concerned within three weeks and moving an application for recall of the warrants (to be considered and disposed of expeditiously in accordance with law); on default, the interim protection automatically vacates and the court below may proceed against the applicants. The 482 application finally disposed of on these directions.

Issue for consideration

Whether the non-bailable warrant orders dated 07.03.2024 and 14.05.2024 passed by the Judicial Magistrate II, Saharanpur against the applicants should be quashed, and whether the applicants should be granted protection to enable them to appear before the court below and seek recall of the warrants.

Court's answer

The applicants shall appear before the court concerned within three weeks and move an application for recall of the non-bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.

Ratio / Principle

The Criminal Misc. Impleadment Application is allowed, and counsel for the applicants is permitted to make the necessary impleadment in the array of parties during the course of the day.

Key takeaways

For a period of three weeks, the execution of the non-bailable warrant issued against the applicants shall remain stayed.ratio¶16
In case of default, the interim protection granted by this Court shall stand automatically vacated and the court below shall be free to proceed against the applicants in accordance with law.ratio¶17
With the aforesaid directions, the Section 482 application is finally disposed of.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Deepak Verma, J.), Neutral Citation 2025:AHC:53096 — Application U/S 482 No. 32631 of 2024, Aslam & 2 Others v. State of U.P. & Anr., decided 10.04.2025. Applicants sought quashing of the non-bailable warrant orders dated 07.03.2024 and 14.05.2024 passed by Judicial Magistrate II, Saharanpur under Ss. 323, 504, 506 IPC (P.S. Chilkana, District Saharanpur) in Criminal Case No. 11991/2023, issued on account of their failure to appear before the court below. The Court allowed the impleadment application, directed the applicants to appear before the court concerned within three weeks and move an application for recall of the non-bailable warrant (to be considered and disposed of expeditiously in accordance with law), stayed execution of the non-bailable warrant for three weeks, with automatic vacation of the interim protection on default, and finally disposed of the 482 application with these directions.

Neutral Citation No. - 2025:AHC:53096

Court No. - 84

Case :- APPLICATION U/S 482 No. - 32631 of 2024

Applicant :- Aslam And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Shukla Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Order on Criminal Misc. Impleadment Application No. Nil of 2025

The impleadment application is allowed.

Counsel for the applicants is permitted to make necessary impleadment in the array of parties during the course of the day.

Order on Petition

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 order dated 07.03.2024 and 14.05.2024 passed by Judicial Magistrate II, Saharanpur Under section 323, 504, 506 I.P.C., Police Station Chilkana, District Saharanpur in Criminal Case No 11991/2023 in NCR по 16/13, pending in the Court of Judicial Magistrate II, District-Saharanpur.

From the record, it transpires that on account of the failure of the applicants to appear before the court below, non-bailable warrant has been issued against the applicants by the court below.

Learned counsel for the applicants submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicants to appear before the court below.

Considering the facts and circumstances of the case, it is provided that the applicants shall appear before the court concerned within three weeks from today and move an application

for recall of non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.

For a period of three weeks, the execution of non bailable warrant issued against the applicants shall remain stayed.

In case of default, the interim protection granted by this Court shall stand automatically vacated and the court below shall be free to proceed against the applicants in accordance with law.

With the aforesaid direction, the 482 application is finally disposed off.

Order Date :- 10.4.2025 Aditya

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad