Megh Singh Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Megh Singh Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: trial Court to decide the applicant's application for recalling the NBW dated 04.10.2024 expeditiously in accordance with law upon its being moved after appearance; no coercive action against the applicant for 15 days or till such application is moved, whichever is earlier; fictitious and repetitive personal exemption applications not to be entertained and, if filed, to be dismissed with reasonable costs

Issue for consideration

Whether the non-bailable warrant dated 04.10.2024 issued against the applicant in S.T. No. 149 of 2017 should be recalled, the original quashing prayer having been confined by counsel to recall of the warrant +1 more

Court's answer

In case the applicant appears and moves an appropriate application before the trial Court for recalling the order of non-bailable warrant dated 04.10.2024, the same shall be decided expeditiously in accordance with law

Ratio / Principle

For a period of 15 days or till the applicant moves an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicant

Key takeaways

The Court below shall not entertain fictitious and repetitive personal exemption applications; any such application, if filed, shall be dismissed with reasonable costsratio¶¶9

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Vinod Diwakar, J.) — Application U/S 528 BNSS No. 17685 of 2025, Megh Singh (Applicant) v. State of U.P. — Order dated 26.5.2025; Neutral Citation 2025:AHC:89711. The application sought quashing of the entire proceedings and the impugned non-bailable warrant dated 04.10.2024 issued by A.D.J./F.T.C., Court No. 1, Aligarh in S.T. No. 149 of 2017 (State v. Megh Singh), arising out of Case Crime No. 532 of 2014 under sections 328, 376, 506 I.P.C., Police Station Delhi Gate, District Aligarh; the warrant had been issued because the applicant could not appear on the date fixed. Learned counsel confined the prayer to recall of the NBW; the learned A.G.A. opposed. The Court did not itself recall the warrant: it disposed of the application directing that if the applicant appears and moves an appropriate application before the trial Court for recalling the NBW dated 04.10.2024, it shall be decided expeditiously in accordance with law; that for 15 days or till such application is moved (whichever is earlier) no coercive action shall be taken against him; and that fictitious and repetitive personal exemption applications shall not be entertained and, if filed, shall be dismissed with reasonable costs.

Neutral Citation No. - 2025:AHC:89711

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 17685 of 2025 Applicant :- Megh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Vinod Diwakar,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present application has been filed for quashing the entire proceedings as well as impugned non-bailable warrant dated 04.10.2024 issued by A.D.J./F.T.C., Court No. 1, Aligarh in S.T. No. 149 of 2017, titled State v. Megh Singh, arising out of Case Crime No. 532 of 2014, under sections 328, 376, 506 I.P.C., Police Station Delhi Gate, District Aligarh.

Learned counsel for the applicant confined his prayer only to recall the non-bailable warrant dated 04.10.2024. It has been argued by the learned counsel for applicant that non-bailable warrant issued against the applicant is against the facts and law. The applicant could not appear before the trial Court on the date fixed, hence non-bailable warrants were issued against him by order dated 04.10.2024.

Per contra learned A.G.A has opposed the prayer.

Considering the facts and circumstances of the matter, it is directed that in case the applicant appears and moves appropriate application before the trial Court for recalling the order of nonbailable warrant dated 04.10.2024, the same shall be decided expeditiously in accordance with law. For a period of 15 days or till the applicant moves an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicant. Further, the court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs.

The application is disposed of accordingly.

Order Date :- 26.5.2025/Shafique

Vinod Diwakar, J.

Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad