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

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

What the court decided

AI extract

Outcome

Application disposed of finally with liberty granted to the applicant to appear before the learned trial court in pursuance of the NBW order dated 06.01.2022 within three weeks; no coercive action to be taken against the applicant in respect of the NBW during that three-week period, after which the concerned court shall proceed as per law.

Issue for consideration

Whether the Section 482 Cr.P.C. application (seeking quashing of the NBW order dated 06.01.2022, the chargesheet dated 05.02.2016, and the proceedings of Case No. 1365 of 2016) should be disposed of with liberty to the applicant to appear before the trial court in pursuance of the non-bailable warrant.

Court's answer

The applicant is directed to appear before the learned court concerned in pursuance of the non-bailable warrant order dated 06.01.2022 within a period of three weeks.

Ratio / Principle

Till the expiry of the said three-week period, no coercive action shall be initiated against the applicant in pursuance of the NBW order dated 06.01.2022; after expiry of that period, the concerned court shall proceed as per law.

Key takeaways

On these directions, the Section 482 application is disposed of (final disposal, not dismissal).ratio¶¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Saurabh Srivastava, J.) | Neutral Citation 2025:AHC:123421 | Order Date 25.7.2025 | Application U/S 482 No. 37635 of 2024 (Omkar v. State of U.P. and Another): Applicant sought quashing under Section 482 Cr.P.C. of the N.B.W. order dated 06.01.2022, the chagesheet dated 05.02.2016, and the entire proceedings of Case No. 1365 of 2016 (State of U.P. vs. Abhishek @ Happy and others) arising out of Case Crime No. 310 of 2015 (under Sections 147, 148, 323, 504, 506, 336, 427, 295 I.P.C. and Section 7 of Criminal Law (Amendment) Act, Police Station Dankaur, District Gautam Budh Nagar) pending before the Additional Chief Judicial Magistrate-Ist, Gautam Budh Nagar. At the outset, counsel confined the prayer to final disposal with liberty for the applicant to appear before the trial court in pursuance of the NBW; the A.G.A. opposed. The Court directed the applicant to appear before the trial court within three weeks, ordered that no coercive action be taken against him in pursuance of the NBW during that period, provided that thereafter the trial court shall proceed as per law, and disposed of the application accordingly. No precedent was cited; the merits of the quashing prayer were not adjudicated.

Neutral Citation No. - 2025:AHC:123421

Court No. - 77

Case :- APPLICATION U/S 482 No. - 37635 of 2024

Applicant :- Omkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,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 of N.B.W. order dated 06.01.2022 as well as chagesheet dated 05.02.2016 and entire proceedings of Case No. 1365 of 2016 (State of U.P. vs. Abhishek @ Happy and others), arising out Case Crime no. 310 of 2015, under Section 147, 148, 323, 504, 506, 336, 427, 295 I.P.C. and Section 7 of Criminal Law (Amendment) Act, Police Station Dankaur, District Gautam Budh Nagar, pending in the court of learned Additional Chief Judicial Magistrate-Ist, Gautam Budh Nagar.

At the very outset, learned counsel for applicant confined his prayer only to the extent that the present application may be disposed of finally with liberty to applicant to appear before learned court concerned in pursuance of order of non bailable warrant issued against him dated 06.01.2022.

Per contra, learned A.G.A opposed the prayer sought through the instant application.

Considering the innocuous prayer made at the behest of learned counsel for applicant, applicant is hereby directed to appear before the learned court concerned in pursuance order of non bailable warrant issued against him dated 06.01.2022 within a period of three weeks from today. Till three weeks, no coercive action shall be initiated against the applicant in pursuance of NBW order dated 06.01.2022. After the expiry of aforesaid period, learned concerned court shall proceed as per law.

With the aforesaid direction, the application is disposed of .

Order Date :- 25.7.2025 Vivek Kr.

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