Abhai Kumar Khandelwal and 4 Others Vs State of U.P… — Quashing and FIR | Allahabad HC (2025)

Abhai Kumar Khandelwal and 4 Others Vs State of U.P… — Quashing and FIR | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Three-week window for applicants to appear before the trial court and move an application including for recall of the NBW, to be decided expeditiously by the trial court per law; no coercive action against applicants for three weeks; upon failure to appear, coercive action to proceed. Application disposed of in these terms.

Issue for consideration

Whether the non-bailable warrant dated 09.06.2025 issued against the applicants in Criminal Complaint Case No.110/2012 (new No.605/2016) ought to be quashed, and whether the applicants are entitled to interim protection from coercive action.

Court's answer

On the applicants' undertaking to appear before the trial court, if they appear within three weeks and move an appropriate application including for recall of the non-bailable warrant, the trial court shall consider and decide such application expeditiously strictly in accordance with law; the NBW was not quashed at this stage.

Ratio / Principle

No coercive action shall be taken against the applicants for a period of three weeks in respect of the proceedings in issue.

Key takeaways

If the applicants do not appear in terms of the order, coercive action shall be taken against them.ratio¶10

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C./Section 528 BNSS seeking quashing of a non-bailable warrant dated 09.06.2025 issued in Criminal Complaint Case No.110/2012 (new No.605/2016), Kamlesh Singh v. Abhai Kumar Khandelwal and others (S. 471 IPC / corresponding BNS-2023 provisions), pending before the Judicial Magistrate, Room No.24, Pratapgarh. Relying on Inder Mohan Goswami v. State of Uttranchal, (2007) 12 SCC 1, Sunil Tyagi v. Govt. of NCT of Delhi, 2021 SCC OnLine Del 3597, and Satender Kumar Antil v. CBI, (2022) 10 SCC 51, and on counsel's statement that the applicants would appear before the court concerned, the High Court (Lucknow Bench) did not quash the warrant but directed that if the applicants appear within three weeks and move an appropriate application including for recall of the NBW, the trial court shall decide it expeditiously strictly in accordance with law; no coercive action for three weeks, failing appearance coercive action to follow. Application disposed of (Order dt. 21.8.2025, Saurabh Lavania, J.).

Neutral Citation No. - 2025:AHC-LKO:49124

Court No. - 11

Case :- APPLICATION U/S 482 No. - 6830 of 2025 Applicant :- Abhai Kumar Khandelwal And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Kartikay Singh,Vijay Kumar Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the parties.

The present application under Section 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):-

"tto quash the NBW against the petitioner/ applicant issued on 09.06.2025 in the Criminal complaint Case No.110/2012 (new No.605/2016), Kamlesh Singh versus Abhai Kumar Khandelwal and others, under section 471 IPC (now 193/194/195/196/209/420/467/468/469/229/230/231/233/246/318(4)/ 338/336 (3)/336 (4)/340 (2) of BNS-2023) which is pending in the court of Judicial Magistrate, Room No.24 Pratapgarh."

Considering the facts and circumstances of the case as also the law laid down by the Hon'ble Apex Court in the case of Inder Mohan Goswami and another vs. State of Uttranchal and others, reported in (2007) 12 SCC 1, Sunil Tyagi vs. Govt. of NCT of Delhi and another , reported in 2021 SCC OnLine Del 3597 and Satender Kumar Antil versus Central Bureau of Investigation and another, reported in (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and the statement of counsel for the applicants that the applicants would appear before the court concerned, it is provided that if the petitioner appear before the court concerned within three weeks from today and move an appropriate application before the trial court including for recall of non-bailable warrant, the same shall be considered and decided by the trial court expeditiously strictly in accordance with law.

For a period of three weeks, no coercive action shall be taken against the applicants so far as the proceedings in issue are concerned.

In case, the applicants do not appear in terms of this order, coercive action shall be taken against them.

The present application is disposed of in above terms.

Order Date :- 21.8.2025 Mohit Singh/-

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench