Jn Singh @ Jagdish Narayan Singh vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

Jn Singh @ Jagdish Narayan Singh vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim protection: no coercive action for eight weeks or until appearance/surrender (whichever is earlier); on appearance/surrender within eight weeks, any application for recall/cancellation of the NBW or for bail to be considered and decided expeditiously in accordance with settled law.

Issue for consideration

Whether the issuance of a non-bailable warrant against the applicant without any service of summons violated settled principles of law (contended by counsel; not separately adjudicated by the Court). +1 more

Ratio / Principle

If the applicant appears/surrenders before the court concerned within a period of eight weeks and applies for recall/cancellation of the Non-Bailable Warrant or for bail, the application shall be considered and decided expeditiously in accordance with settled law.

Key takeaways

No coercive action shall be taken against the applicant for a period of eight weeks from the date of the order, or until he appears/surrenders before the court concerned, whichever is earlier.ratio¶18

Detailed headnote1 paragraphs

ALLAHABAD HC (Jitendra Kumar Sinha, J.), 06.10.2025 — Application U/S 482 No.41633 of 2024 (Jn Singh @ Jagdish Narayan Singh v. State of U.P. and Another). Applicant sought quashing of charge sheets dated 20.12.2001 (C.S. Nos. 50, 53, 57 & 59 of 2001) and of the entire proceedings of Criminal Case No.117 of 2001 (State of U.P. Vs. Ramchandra Vishwakarma and others), arising out of Case Crime No.324 of 1997, under Sections 406, 409, 420, 467, 468, 471, 120-B IPC, PS Kotwali City, District Mirzapur, pending before CJM, Mirzapur. Counsel contended a non-bailable warrant was issued without service of summons, invoking Inder Mohan Goswami (2007 AIR SCW 6679), and sought directions per Satendra Kumar Antil (2021 SCC Online SC 922). The Court did not quash the charge sheets; it directed that if the applicant appears/surrenders within eight weeks and applies for recall/cancellation of the NBW or for bail, the same shall be considered and decided expeditiously in accordance with settled law, and that no coercive action be taken for eight weeks or until such appearance/surrender, whichever is earlier. Application disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 41633 of 2024

Jn Singh @ Jagdish Narayan Singh

.....Applicant(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Applicant(s)	: Praveen Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

Heard Shri Praveen Tiwari, learned counsel for the applicant and Shri B.P. Singh, learned AGA for the State.

This application under Section 482 Cr.P.C. has been preferred for quashing the charge sheet dated 20.12.2001 being C.S. No.50 of 2001, 53 of 2001, 57 of 2001 & 59 of 2001 as well as entire proceedings of Criminal Case No.117 of 2001 (State of U.P. Vs. Ramchandra Vishwakarma and others), arising out of Case Crime No.324 of 1997, under Sections 406, 409, 420, 467, 468, 471, 120-B IPC, Police Station Kotwali City, District Mirzapur, pending in the Court of learned Chief Judicial Magistrate, Mirzapur.

It is contended by learned counsel for the applicant that the applicant was not named in the first information report and he has no knowledge for issuance of non bailable warrant against him. Even though, there is no service of summon non bailable warrant has been issued against him, which is in clear violation of settled principles of law laid down in the case of Inder Mohan Goswami and another Vs. State of Uttaranchal and others, 2007 AIR SCW 6679.

It is further submitted that some of the co-accused had approached this Court and this Court had stayed the proceedings against them. However, subsequently, the stay order was vacated and they are now facing trial.

It is further contended by learned counsel for the applicant that in view of the facts that there is no service of summon on the applicant and a direction

A482 No. 41633 of 2024

2

may be made to the learned trial Court to consider his application for recall/ cancellation of Non-Bailable Warrant or for bail application 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 concerned within a period of eight weeks from today and applies for recall/ cancellation of Non-Bailable Warrant or for bail, the same shall be considered and decided expeditiously, in accordance with settled law. For a period of eight 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.

October 6, 2025 RKM

(Jitendra Kumar Sinha,J.)

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