Disposed¶15

Yameen and 3 Others v. State of U.P. and Another

Allahabad HC14 Jan 2025A482/42826/2024

Case brief

AI extract

What is this about?

Section 482 CrPC application, Allahabad High Court; quashing prayer dismissed as not pressed; non-bailable warrants dated 01.03.2021 issued by Judicial Magistrate, Mathura kept in abeyance; liberty to appear within two weeks and file regular bail application or application for recall of non-bailable warrants, to be considered per law; Case Crime No. 254 of 2013 under Sections 323, 324 & 506 IPC, P.S. Sadar Bazar, District Mathura; application disposed of.

What did the court decide?

Prayer for quashing dismissed as not pressed; applicants permitted to appear before the trial court within two weeks and apply for bail/recall of non-bailable warrants, to be considered and decided in accordance with law; non-bailable warrants kept in abeyance for two weeks or till appearance, whichever is earlier. ¶15

Yameen and 3 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned order dated 01.03.2021 of the Judicial Magistrate, Mathura, issuing non-bailable warrants against the applicants, should be set aside/quashed.

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Ratio / Principle

Learned counsel for the applicants did not press the prayers made in the petition on merits; accordingly, the prayer for quashing was dismissed as not pressed.

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Key takeaways

If the accused-applicants appear and apply for bail or for recall of the non-bailable warrants before the court concerned within two weeks, the same shall be considered and decided in accordance with law.ratio¶13
Non-bailable warrants kept in abeyance for two weeks from the date of the order or till appearance of the applicants, whichever is earlier; if they fail to appear within that time, the court concerned is to proceed as per law.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Samit Gopal, J.), Application U/S 482 No. 42826 of 2024 (Yameen and 3 others v. State of U.P. and another), decided 15.1.2025 (Neutral Citation 2025:AHC:6598): The applicants (Yameen, Javed, Ballu and Irfan) sought quashing of the order dated 01.03.2021 of the Judicial Magistrate, Mathura in Case No. 883/IX of 2014 (State vs. Yameen and others), arising out of Case Crime No. 254 of 2013 under Sections 323, 324 & 506 IPC, P.S. Sadar Bazar, District Mathura, whereby non-bailable warrants had been issued against them. Counsel for the applicants stated he did not wish to press the prayers on merits and sought only liberty to appear and move for bail/recall of the warrants; the State raised no objection. The prayer for quashing was dismissed as not pressed. The Court directed that if the accused-applicants appear and apply for bail or for recall of the non-bailable warrants within two weeks, the same shall be considered and decided in accordance with law, and kept the non-bailable warrants in abeyance for two weeks from the date of the order or till their appearance, whichever is earlier, failing which the trial court was free to proceed as per law. Application disposed of.

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Neutral Citation No. - 2025:AHC:6598

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 42826 of 2024

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Applicant :- Yameen And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Garun Pal Singh, learned counsel for the applicants and Sri Ajay Singh learned AGA-I for the State and perused the records.

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The present application under Section 482 Cr.P.C. has been filed by the applicants- Yameen, Javed, Ballu and Irfan with the prayer to allow the present application and set aside the impugned order dated 01.03.2021 passed by learned Court of Judicial Magistrate, Mathura in Case No. 883/IX of 2014 (State vs. Yameen and others) arising out of Case Crime No. 254 of 2013, under Sections 323, 324, & 506 I.P.C., Police Station Sadar Bazar, District Mathura.

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After arguments on merits at length learned counsel for the applicant states that he does not want to press the prayers made in the present petition on merits. He submits that vide order dated 01.03.2021 non bailable warrants have been issued against the applicants. He submits that the purpose of the applicants would be served if they are permitted to appear before the trial court within a period of two weeks from today and file a regular bail application/an application for recall of non-bailable warrants.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.

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In view of the above, the prayer for quashing as prayed for is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants appear and

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apply for bail/an application for recall of non-bailable warrants before the court concerned within two weeks from today, the same shall be considered and decided in accordance with law.

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For a period of two weeks from today or till appearance of the applicants, whichever is earlier, the non-bailable warrants be kept in abeyance. However, if the applicants do not appear in the aforesaid time, the court concerned shall proceed as per law.

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The present application is disposed of.

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(Samit Gopal,J.)

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Order Date :- 15.1.2025 Manoj

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

Yameen and 3 Others v. State of U.P. and Another

Case brief

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Yameen and 3 Others v. State of U.P. and Another

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