Safat Hussain Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Safat Hussain Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of without quashing the warrants; directions issued that (i) if the applicant appears and moves an appropriate application before the trial court for recalling the non-bailable warrants, it shall be decided expeditiously subject to a cost of Rs.5000/- deposited in the DLSA; (ii) no coercive action shall be taken against the applicant for 15 days or until such application is moved, whichever is earlier; and (iii) fictitious and repetitive personal exemption applications shall not be entertained and shall be dismissed with reasonable costs.

Issue for consideration

Whether the non-bailable warrants dated 16.12.2024 issued against the applicant in connection with Case Crime No. 50 of 2001 should be quashed, given the applicant's claim that he had no knowledge of the proceedings and could not appear before the trial court.

Court's answer

In case the applicant appears and moves an appropriate application before the trial court for recalling the impugned order, the same shall be decided expeditiously in accordance with law, subject to a cost of Rs.5000/- to be deposited in the DLSA.

Ratio / Principle

Interim protection: for a period of 15 days, or until the applicant moves an application before the trial court (whichever is earlier), no coercive action shall be taken against the applicant.

Key takeaways

Courts shall not entertain fictitious and repetitive personal exemption applications; if such an application is filed, the same shall be dismissed with reasonable costs.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vinod Diwakar, J.) — Order dated 18.2.2025 on Application u/s 528 BNSS No. 4849 of 2025 styled in the body as an application under Section 482 Cr.P.C. filed by Safat Hussain seeking quashing of non-bailable warrants dated 16.12.2024 passed by the Additional Civil Judge (S.D.)/A.C.J.M., Kasganj in Case No. 559 of 2024 (State v. Shahid and others), arising out of Case Crime No. 50 of 2001 under sections 5(Ka)/8 of the Prevention of Cow Slaughter Act and section 11 of the Prevention of Cruelty to Animal Act, P.S. Soron, District Kasganj. Applicant pleaded ignorance of the proceedings as the cause of his absence. The court did not quash the warrants outright: it directed that if the applicant appears and moves an appropriate application for recall before the trial court, it shall be decided expeditiously subject to a cost of Rs.5000/- deposited in the DLSA; granted interim immunity from coercive action for 15 days or until such application is filed (whichever earlier); and cautioned against fictitious/repetitive personal exemption applications, which are to be dismissed with reasonable costs. Application disposed of.

Neutral Citation No. - 2025:AHC:25555

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 4849 of 2025

Applicant :- Safat Hussain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vidit Narayan 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 under Section 482 Cr.P.C., has been filed for quashing the non-bailable warrants dated 16.12.2024 passed by learned Additional Civil Judge (S.D.)/A.C.J.M., Kasganj in Case No.559 of 2024, titled State v. Shahid and others, arising out of Case Crime No.50 of 2001, under sections 5(Ka)/8 of the Prevention of Cow Slaughter Act and section 11 of the Prevention of Cruelty to Animal Act, P.S. Soron, District Kasganj.

Learned counsel for applicant submits that the impugned order is against the facts and law. The applicant had no knowledge about the proceedings initiated against him due to which he could not appear on the date fixed by the trial court, hence, non-bailable warrant was issued against the applicant.

Per contra , learned A.G.A has opposed.

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 impugned order, the same shall be decided expeditiously in accordance with law, subject to cost of Rs.5000/- to be deposited in DLSA. 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.

With the aforesaid observations, the instant application is disposed of.

Order Date :- 18.2.2025 Anil K. Sharma

Justice Vinod Diwakar

Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad