Allahabad High Court
Ajay Rastogi And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. on 4 June, 2025
Author: Rajnish Kumar
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:34485
Court No. - 11
Case :- APPLICATION U/S 482 No. - 4488 of 2025
Applicant :- Ajay Rastogi And Another
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.
Counsel for Applicant :- Sachidanand Mishra,Anant Kumar Singh Sengar,Danish Ahsan
Counsel for Opposite Party :- G.A.
Hon'ble Rajnish Kumar,J.
Heard Shri Danish Ahsan, learned counsel for the applicants and learned AGA.
Learned counsel for the applicants submits that the applicants were convicted and sentenced with two years simple imprisonment and Rs. 2000/- fine to each of them under Sections 332 and 353 IPC and in default of fine, two months additional imprisonment to each of them by means of the judgment and order dated 23.09.2013 passed in Case No. 3628 of 2012; State vs. Anil Rastogi and another by the Judicial Magistrate, Court No. 36, Lucknow. He further submits that it was also provided in the impugned order that all the sentences shall run concurrently. He further submits that the applicants challenged the said judgment in Criminal Appeal No. 97 of 2014 in which the applicants were granted bail, however, they were already in jail in connection with other case, in which the applicants were sentenced life imprisonment. He next submits that in the said case, conviction and sentence have been set aside and the applicants have been released on bail. However, the applicants have served out the sentence and deposited the fine in compliance of the aforesaid judgment and order dated 23.09.2013 and released from jail on 04.11.2016, details of which are annexed on Page Nos. 54 an 62 given under Right to Information Act. He further submits that in the other case, in which the applicants were sentenced with life imprisonment, they were released on bail in 2018. In the meantime, on account of non appearance of the applicants, non bailable warrants have been issued in the aforesaid appeal filed by the applicants. He further submits that since the applicants have already been served out the sentence, therefore, they did not want to pursue the appeal but in view of the non bailable warrant, there are not in a position to appear before the court concerned because they may be taken into custody even after serving out the sentence. Thus, learned counsel for the applicants prays for setting aside the proceedings of the criminal appeal along with the order by which non bailable warrants were issued against the applicants.
Learned AGA could not dispute the aforesaid submissions of learned counsel for the applicants on the basis of documents placed on record by the applicants. However, he submits that the applicants may move an application before the concerned court for recall of the non bailable warrant and not press the appeal.
In view of above, since the applicants have served out the sentence and deposited the fine in compliance of the judgment and order dated 23.09.2013, the petition is disposed of with liberty to the applicants to move application for recall of non bailable warrant through counsel disclosing all the facts including the case numbers etc. on affidavit. In case, any such application is moved within a period of two weeks from today before the concerned court, appropriate order shall be passed within a further period of two weeks and the court shall proceed accordingly.
Till disposal of the application, no coercive action shall be taken against the applicants, subject to moving of application by the petitioners within two weeks from today.
Order Date :- 4.6.2025
Raj
