Mewa Lal Yadav vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Mewa Lal Yadav vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: (i) applicant to appear/surrender before the court below within three weeks; (ii) on his applying for bail / recall of the Non-Bailable Warrant, the trial court to consider and decide the same expeditiously in accordance with settled law; (iii) no coercive action against the applicant for three weeks or until his appearance/surrender, whichever is earlier. The prayer for quashing the summoning order and NBW order was not pressed and was not adjudicated.

Issue for consideration

Whether the summoning order dated 22.11.2014 and the Non-Bailable Warrant order dated 04.10.2024 in Case No.3946 of 2014 should be quashed (prayer subsequently not pressed by counsel). +1 more

Court's answer

Since the prayer for quashing was not pressed, the Court disposed of the Section 482 Cr.P.C. application with the aforesaid observations rather than adjudicating the quashing question on merits.

Ratio / Principle

It is directed that if the applicant appears/surrenders before the court below within three weeks and applies for bail / recall of the Non-Bailable Warrant, the same shall be considered and decided expeditiously, in accordance with settled law.

Key takeaways

For three weeks from the date of the order, or until the applicant appears/surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant.ratio¶¶10

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 89), Hon'ble Jitendra Kumar Sinha, J. — Order dated 19.8.2025 (Neutral Citation No. 2025:AHC:140861) disposing of an application under Section 482 Cr.P.C. (No. 40268 of 2024) by Mewa Lal Yadav, which sought quashing of the summoning order dated 22.11.2014 and the Non-Bailable Warrant order dated 04.10.2024 passed in Case No. 3946 of 2014 (State of U.P. Vs. Mewa Lal and others), arising out of Case Crime No. 85 of 2013, Police Station Sarai Mamrej, District Allahabad, under Sections 147, 148, 323, 307, 332, 352, 504, 506, 427, 341, 336, 120-B IPC and Section 7 of the Criminal Law Amendment Act, pending before the Additional Chief Judicial Magistrate, Court No. 6, Allahabad. Counsel withdrew the quashing prayer; the applicant agreed to appear before the trial court, invoking Satendra Kumar Antil v. Central Bureau of Investigation, 2021 SCC OnLine SC 922. The Court directed the applicant to appear/surrender within three weeks; on his applying for bail / recall of NBW, the trial court to consider and decide expeditiously in accordance with settled law; and no coercive action for three weeks or until surrender, whichever is earlier. Counsel had also contended the NBW was issued without service of summons and that the applicant, a Gram Pradhan, was falsely implicated in a road/public-utility-land dispute (contention not adjudicated).

Neutral Citation No. - 2025:AHC:140861

Court No. - 89

Case :- APPLICATION U/S 482 No. - 40268 of 2024 Applicant :- Mewa Lal Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arbind Kumar Soni Counsel for Opposite Party :- G.A.

Hon'ble Jitendra Kumar Sinha,J.

Heard Shri Virendra Singh, holding brief of Shri Arbind Kumar Soni, learned counsel for the applicant and Shri Jitendra Pratap Singh, learned AGA for the State.

This application under Section 482 Cr.P.C. has been preferred for quashing the summoning order dated 22.11.2014 as well as Non Bailable Warrant order dated 04.10.2024 passed in Case No.3946 of 2014 (State of U.P. Vs. Mewa Lal and others), arisng out of Case Crime No.85 of 2013, under Sections 147, 148, 323, 307, 332, 352, 504, 506, 427, 341, 336, 120-B of IPC and Section 7 of Criminal Law Amendment Act, Police Station Sarai Mamrej, District Allahabad, pending in the Court of learned Additional Chief Judicial Magistrate, Court No.6, Allahabad.

It is contended by learned counsel for the applicant that without service of summon and non bailable warrant has been issued by learned trial Court against the applicant. He further submits that he has been falsely implicated in this case as he is being Gram Pradhan of the village and the matter pertains to hindrance over the road/ public utility land.

After arguing at some length, learned counsel for the applicant submits that the prayer made above is not being pressed and the applicant is willing to appear before the trial Court and a direction may be made to the trial Court to consider his bail application / recall of Non-Bailable Warrant of applicant expeditiously in accordance with law laid down in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

In view of aforesaid, it is directed that in case, applicant appears/ surrenders before the court below within a period of three weeks from today and applies for bail application / recall of NonBailable Warrant, the same shall be considered and decided

expeditiously, in accordance with settled law. For a period of three weeks from today or till applicant appears/ surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against applicant.

With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed of.

Order Date :- 19.8.2025 RKM

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