Smt. Kamla Devi and Another vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:50592

Court No. - 84

Case :- APPLICATION U/S 482 No. - 3529 of 2025

Applicant :- Smt. Kamla Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalit Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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Instant petition has been filed by the applicants for quashing the Non-Bailable Warrant issued by the Magistrate concerned on 30th October, 2017. The order sheet is appended as Annexure No. 1 to the petition.

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2.Learned counsel appearing on behalf of applicants submitted that opposite party no2 has filed a complaint case before Additional Chief Judicial Magistrate, Court No. 2, Allahabad. In the said complaint case after recording the statements under Sections 200 and 202 Cr.P.C., the concerned Court has issued the summons to the applicants vide summoning order dated 20.05.2014. Learned counsel for the applicants submitted that since applicants are not residing in Prayagraj and they are residents of the Village Khanpur Dandi, Police Station Sarai Memrej, District Allahabad, they had no knowledge regarding the pendency of the aforesaid case and due to this reason they could not appear before the Court concerned. The non-appearance before the Court concerned was not intentional. It is further submitted that since they have failed to appear before the Court concerned in spite of summoning order, the Court concerned has issued N.B.W. against the applicants on 30.10.2017 and they also not aware about the issuance of N.B.W. It is further submitted that for the first time applicants came to know about the issuance of N.B.W. against them on 05.12.2024, when the police has raided in their residents. It is further submitted that co-accused Ravindra got the bail from the Court concerned. Thereafter, they have filed the instant petition in January, 2025. It is further submitted on behalf of applicants that they have urged to surrender before the Court concerned and also submitted that since non-appearance of the applicants before the Court concerned was not intentional, this Court may set aside the N.B.W. issued by the Court concerned and direct the applicants to appear before the Court concerned on any date fixed.

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3.Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant petition submitting that instant petition is devoid of merits as summoning order and N.B.W. have been issued in the year 2014 and 2017 respectively. The applicants have not appeared before the court concerned in spite of summoning order dated 20.05.2014 as well as N.B.W. dated 30.10.2017. The version stated in the affidavit filed in support of application is not sufficient to establish that there are some bona fide reason not to appear before the Court concerned and therefore, instant petition may be dismissed as no merit.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.

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5.Taking into consideration of the fact that co-accused Ravindra @ Umakant has already been released on bail vide order dated 08.08.2024 by the Court concerned in spite of issuance of N.B.W. against the co-accused as he has also failed to appear before the Court concerned in spite of summoning order.

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Taking into consideration the aforesaid facts and to maintain the balance of justice, applicants are directed to appear before the Court concerned on 16.04.2025. The Non-Bailable Warrant dated 30.10.2017 is kept in abeyance till 16.04.2025.

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The applicants are at liberty to move bail application within the aforesaid period. If the applicants surrenders and move application for bail before the court below within the aforesaid period, then their bail application shall be considered in accordance with law.

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8.The application stands disposed of with the aforesaid liberty.

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Order Date :- 8.4.2025/AKT

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(Chandra Dhari Singh,J.)

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Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

Smt. Kamla Devi and Another v. State of U.P. and Another

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