Ramu Alias Shailendra Singh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ramu Alias Shailendra Singh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of without deciding the quashing prayer on merits; interim protection from coercive action for 15 days or till the applicant moves a recall application before the trial Court (whichever is earlier), subject to deposit of Rs. 2,000/- with the District Legal Services Authority concerned and the trial Court being directed to decide the recall application expeditiously in accordance with law.

Issue for consideration

Whether the non-bailable warrant dated 18.11.2022 issued against the applicant in Case Crime No. 476 of 2019 (Gangster Act) should be quashed under Section 482 Cr.P.C.

Court's answer

In case the applicant appears and moves an appropriate application before the trial Court for recalling the impugned non-bailable warrant, the same shall be decided expeditiously in accordance with law.

Ratio / Principle

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

Key takeaways

The Court shall not entertain fictitious and repetitive personal exemption applications; if filed, such applications shall be dismissed with reasonable costs.obiter¶¶11

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vinod Diwakar, J.), Application U/S 482 No. 3737 of 2025, decided 6.2.2025 (Neutral Citation 2025:AHC:17163): Application under Section 482 Cr.P.C. seeking quashing of a non-bailable warrant dated 18.11.2022 issued by the Additional District and Sessions Judge-18th, Agra in Case No. 2009 of 2020 (State v. Het Singh and Others), arising out of Case Crime No. 476 of 2019 under Section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Fatehabad, District Agra, disposed of with directions: (i) subject to deposit of Rs. 2,000/- with the District Legal Services Authority concerned, if the applicant appears and moves an appropriate application before the trial Court for recalling the warrant, it shall be decided expeditiously in accordance with law; (ii) no coercive action against the applicant for 15 days or till such application is moved, whichever is earlier; (iii) fictitious and repetitive personal exemption applications shall not be entertained and shall be dismissed with reasonable costs.

Neutral Citation No. - 2025:AHC:17163

Court No. - 76

Case :- APPLICATION U/S 482 No. - 3737 of 2025

Applicant :- Ramu Alias Shailendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar,Kalp Dev 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 18.11.2022 issued by learned Additional District and Sessions Judge-18^th , Agra in Case No. 2009 of 2020 titled State v. Het Singh and Others, arising out of Case Crime No. 476 of 2019, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, registered at P.S. Fatehabad, District Agra.

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. 2,000/- 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 :- 6.2.2025

Shafique

Justice Vinod Diwakar

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