Allahabad High Court
Masurunnish And 4 Others vs State Of U.P. And Another on 15 May, 2024
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:87530
Court No. - 86
Case :- APPLICATION U/S 482 No. - 8052 of 2024
Applicant :- Masurunnish And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Sheikh Moazzam Inam
Counsel for Opposite Party :- G.A.,Kartikey Pandey
Hon'ble Vivek Varma,J.
1. Heard Sri Ajay Kumar Pandey, Advocate holding brief of Sri Sheikh Moazzam Inam, learned counsel for the applicants, Sri Kartikey Pandey, counsel for the opposite party No.2 and Sri Neeraj Kumar Sharma, learned A.G.A for the State and perused the record.
2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceedings of Case No.2148 of 2022 (State Vs. Mohd. Akram and others), arising out of Case Crime No.260 of 2021, under Sections 147, 148, 149, 325, 329, 323, 427, 504, 506 IPC, Police Station Walterganj, District Basti, pending before the Addl. Chief Judicial Magistrate-II, Basti as well as charge-sheet dated 23.04.2022 and order dated 06.02.2024.
3. Counsel for the applicants submitted that first information report was lodged against the applicants on 16.10.2021 at P.S. Walterganj, District Basti, under Sections 147, 148, 149, 308, 325, 329, 323, 427, 504, 506 IPC. After investigation, the charge-sheet was submitted on 23.04.2022 before the learned Magistrate. The learned Magistrate at the first instance issued non-bailable warrant and process under Section 82 Cr.P.C. against the applicants on 18.07.2022.
4. Counsel for the applicants contends that the learned Magistrate should not have issued non-bailable warrants and proclamation under Section 82 Cr.P.C. straightway on the first date. The court was required to issue summons to the applicants at the first date. In support of his submissions counsel for the applicant has placed reliance upon the judgment of the Hon'ble Supreme Court in case of Inder Mohan Goswami and Anr. vs. State of Uttaranchal and Ors. [AIR 2008 SUPREME COURT 251]. He submits that liberty may be accorded to the applicant for filing an application for recall of order issuing non-bailable warrant and process under section 82 Cr.P.C.
5. Learned AGA and counsel for the opposite party No.2 have no objection to the said prayer.
6. Having regard to the submissions made by the counsel for the applicants, the prayer, insofar as it relates to seeking quashing of the proceedings as well as the charge sheet and order dated 06.02.2024 stands refused. However, it is provided that if the applicants files an application for recall of the order issuing non-bailable warrant and process under section 82 Cr.P.C. within a period of four weeks from today, the said application shall be considered and disposed of expeditiously, in accordance with law.
7. For a period of four weeks from today, no coercive action shall be taken against the applicants. In case, the applicants do not file the application before the Court concerned within the aforesaid period, coercive action shall be taken against them.
8. With the aforesaid observations, this application is disposed of.
Order Date :- 15.5.2024
Neeraj
