Daya Shankar and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

Daya Shankar and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: applicants to move a recall application for the non-bailable warrant and Section 82 Cr.P.C. proceedings before the court below within two weeks, to be decided within two weeks thereafter; non-bailable warrant and Section 82 Cr.P.C. proceedings stayed for four weeks; applicants not to seek unnecessary adjournments before the trial court.

Issue for consideration

Whether the non-bailable warrant and proceedings under Section 82 Cr.P.C. issued against the applicants — who state they had been granted bail and were unaware of the trial proceedings — should be recalled/stayed, in an application seeking quashing of the order dated 03/02/2026 in Criminal Case No.2341/2020.

Court's answer

The applicants are directed to move an application before the court below within two weeks for recall of the non-bailable warrant as well as the order issuing proceedings under Section 82 Cr.P.C.; if moved, the court below shall decide such application within two weeks thereafter.

Ratio / Principle

For a period of four weeks, the non-bailable warrant and the proceedings under Section 82 Cr.P.C. issued against the applicants shall remain stayed, and the applicants shall not seek unnecessary adjournment before the trial court.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Brij Raj Singh, J.) — Application U/S 482 No. 4406 of 2026, Daya Shankar and another v. State of U.P. and another, decided May 25, 2026. Applicants sought quashing of the order dated 03/02/2026 passed in Criminal Case No.2341/2020 ('Ram Awadh. Vs Ravindra Pratap.') under sections 417, 418, 419, 420, 467, 468, 120-B IPC, P.S. Kotwali Nagar, District Sultanpur, pending before the Additional Chief Judicial Magistrate, Court No. 17, Sultanpur, and interim protection against the non-bailable warrant and proceedings under Section 82 Cr.P.C. issued against them. Counsel submitted that the applicants had been granted bail, were old and ill, lacked knowledge of the proceedings, and that co-accused Radheyshyam Pandey had been granted relief in Application U/s 482 No.3538 of 2026 vide order dated 28.4.2026. The Court did not quash the impugned order but disposed of the application by directing the applicants to move a recall application before the court below within two weeks (to be decided within two weeks thereafter), staying the non-bailable warrant and Section 82 Cr.P.C. proceedings for four weeks, and making clear that the applicants will not seek unnecessary adjournments before the trial court. In the alternate prayer, reliance was placed on Satender Kumar Antil Vs. CBI & Anr, Crl. Case No. 7598 of 2021 for a direction to consider bail; the Court made no finding on it.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 4406 of 2026

Daya Shankar And Another

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Sudhakar Mishra Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicants and learned AGA for the State.

This application has been filed with the following main prayers:

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set aside the impugned order dated 03/02/2026 passed in Criminal Case No.2341/2020, 'Ram Awadh. Vs Ravindra Pratap.', under sections 417, 418, 419, 420, 467, 468, 120-B IPC, P.S. Kotwali Nagar, District Sultanpur, currently pending before Learned Additional Chief Judicial Magistrate, Court No. 17, Sultanpur, as contained in Annexure-1 to this Petition, in the interest of justice.

Further, to direct Learned trial court to recall the impugned order dated 03/02/2026 passed in Criminal Case No.2341/2020, 'Ram Awadh. Vs Ravindra Pratap.', under sections 417, 418, 419, 420, 467, 468, 120B IPC, P.S. Kotwali Nagar, District Sultanpur, and further direct Learned trial court proceed in the matter in accordance with law.

To stay the further proceeding in Criminal Case No.2341/2020, 'Ram Awadh. Vs Ravindra Pratap', under sections 417, 418, 419, 420, 467, 468, 120B IPC, P.S. Kotwali Nagar, District Sultanpur, currently pending before Learned Additional Chief Judicial Magistrate, Court No. 17, Sultanpur, during the pendency of this Petition before this Hon'ble Court,

A482 No. 4406 of 2026

2

in the interest of justice.

In alternate, this Hon'ble court may be please to issue direction passed by Hon'ble Apex court in Satender Kumar Antil Vs. CBI & Anr, Crl. Case No. 7598 of 2021 to direct the Learned Court below to consider the bail application of the Petitioners."

Learned counsel for the applicants has submitted that the applicants were granted bail and thereafter their case was conducted by the counsel and they could not get information regarding the proceedings of the case. The applicants are also suffering from illness and they are very old persons, however, they are willing to cooperate in the trial. It has been submitted that the co-accused Radheyshyam Pandey has been granted relief by this Court in Application U/s 482 No.3538 of 2026 vide order dated 28.4.2026. He submits that due to lack of knowledge, non bailable warrant and proceedings under Section 82 Cr.P.C. have been issued against the applicants. He further submits that the applicants will cooperate in the trial and will not seek unnecessary adjournment in future.

In view of the aforesaid facts, the applicants are directed to move an application for recall of the non bailable warrant as well as order issuing proceedings under Section 82 Cr.P.C. within a period of two weeks from today before the court below and if such an application is moved by the applicants, the same shall be decided by the court below within two weeks thereafter. For a period of four weeks, the non bailable warrant and the proceedings under Section 82 Cr.P.C. issued against the applicants shall remain stayed. It is made clear that the applicants will not seek unnecessary adjournment before the trial court.

With the aforesaid, present application stands disposed of.

(Brij Raj Singh,J.)

May 25, 2026

Sachin

Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench