Manoj Mishra and Another Vs State of U.P. Thru. Principal Secretary Home Deptt. Lko and Another — Allahabad HC (2025) — LawSathi Research

Manoj Mishra and Another Vs State of U.P. Thru. Principal Secretary Home Deptt. Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Effect and operation of the bailable warrant and the non-bailable warrant issued against the applicants kept in abeyance; applicants directed to appear before the trial court on the next date fixed and on each and every date fixed, and not to remain absent without a written application with urgent reason; liberty reserved to the trial court to proceed if the applicants again abscond; any discharge application to be decided expeditiously in accordance with law. The quashing prayer was not granted on merits.

Issue for consideration

Whether the charge sheet dated 12.10.2023, summoning order dated 5.1.2024 and non-bailable warrant dated 1.9.2025 in Criminal Case No.178 of 2023 should be quashed. +1 more

Court's answer

If the applicants move a discharge application before the trial court, it shall be considered and decided expeditiously, strictly in accordance with law.

Ratio / Principle

Bailable and non-bailable warrants are issued so as to ensure the presence of the accused before the Court, and the applicant has undertaken to appear before the trial court on the next date fixed and not abscond.

Key takeaways

To meet the ends of justice, the effect and operation of the bailable warrant as well as the non-bailable warrant issued against the applicants are kept in abeyance, conditional on their appearance before the trial court.ratio¶20
The applicants are directed to appear before the trial court on the next date fixed and on each and every date fixed, and not to remain absent without submitting an application in writing with urgent reason.ratio¶20
Liberty is given to the trial court to proceed against the applicants if they again abscond from the trial proceedings.

Detailed headnote1 paragraphs

Application U/S 482 (Manoj Mishra and another v. State of U.P.), Allahabad High Court, Lucknow Bench, Shree Prakash Singh, J., 8 September 2025 — seeking quashing of charge sheet dated 12.10.2023, summoning order dated 5.1.2024 and non-bailable warrant dated 1.9.2025 in Criminal Case No.178 of 2023 (arising out of Case Crime/F.I.R. No.0235 of 2023, Sections 323, 506 I.P.C., P.S. Amethi, District Amethi), with grievance that bailable warrants issued without service of summons and a non-bailable warrant issued during pendency. Held: bailable and non-bailable warrants issue to ensure the accused's presence before the Court; effect and operation of both warrants kept in abeyance on the applicants' undertaking to appear; applicants to attend on each and every date fixed and not remain absent without a written application giving urgent reason; trial court given liberty to proceed if the applicants again abscond; any discharge application before the trial court to be considered and decided expeditiously, strictly in accordance with law. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 3843 of 2025

Manoj Mishra And Another

.....Applicant(s)

Versus

State Of U.P. Thru. Principal Secretary Home Deptt. Lko And Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Ashok Dubey	Kumar, Manish Kumar, Satyarth
Counsel for Opposite Party(s)	: G.A.

Court No. - 14

HON'BLE SHREE PRAKASH SINGH, J.

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

Instant application has been filed with the prayer to quash the charged sheet dated 12.10.2023, summoning order dated 5.1.2024 and the non-bailable warrant dated 1.9.2025 in Criminal Case No.178 of 2023 pending in the court of Additional Chief Judicial Magistrate, Room No.20, Sultanpur arising out of Case Crime No./F.I.R. No.0235 of 2023 under Sections 323, 506 I.P.C. P.S. Amethi, District Amethi.

It is argued by learned counsel for the applicants that no incident has ever taken place as is narrated in the F.I.R. He added that the Investigating Officer in cavaliar manner has investigated the matter and filed the charge sheet, which vitiates in the eyes of law. He next added that without serving the summons, bailable warrants have been issued and during the pendency of this application, non bailable warrants have also been issued on 1.9.2025. He submits that the applicants are ready to appear before the trial court and co-operate in the trial proceedings. Thus, submission is that the effect and operation of the non-bailable warrants as well as bailable warrants issued against the applicants may be kept in abeyance.

On the other hand, learned A.G.A. for the State has opposed the contention aforesaid.

Considering the submissions of the learned counsel for the parties, it is apparent that the applicants are aggrieved with the order of issuance of bailable against the applicants without service of summon and further during the pendency of this application, non bailable warrant has also been issued for procuring the presence of the applicants.

The bailable as well as non-bailable warrant are issued so as to ensure presence of the accused before the Court and the applicant has undertaken that he will appear before

A482 No. 3843 of 2025

2

the trial court on the next date fixed and never abscond from the trial proceeding.

In view of the aforesaid and to meet the ends of justice, the effect and operation of the bailable warrant as well as the non-bailable issued against the applicants are hereby kept in abeyance. The applicants are directed to appear before the trial court on the next date fixed and they will keep on appearing before the trial court on each and every date fixed and would not remain absent without submitting an application in writing with urgent reason.

Liberty is given to the trial court to proceed against the applicants if the applicants again abscond from the trial proceedings.

It is needless to say that in case the applicants desire to move the discharge application before the trial court, the same shall be considered and decided by the trial court expeditiously, strictly in accordance with law.

With the aforesaid direction, the instant application is disposed of .

September 8, 2025 Ram Murti

(Shree Prakash Singh,J.)

Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench