Allahabad High Court
Sakhawat Hussain And Another vs State Of U.P. And Another on 17 January, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 1030 of 2023 Applicant :- Sakhawat Hussain And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.,Subhash Chandra Pandey Hon'ble Samit Gopal,J.
List revised.
Heard Sri B.K. Pandey, learned counsel for the applicants, Sri Subhash Chandra Pandey, learned counsel for the injured, Sri S.B. Maurya, learned counsel for the State and perused the record.
Sri Subhash Chandra Pandey, Advocate who appears on behalf of injured, his name is not printed in the cause list. He states that he has filed his vakalatnama in the office on 12.1.2023.
Office to trace out the said vakalatnama and place the same on record and also make a note in the order sheet regarding the same.
This application under Section 482 Cr.P.C. has been filed by the applicants-Sakhawat Hussain and Sadik with the prayer to quash the impugned order dated 3.11.2022 passed by Addl. Sessions Judge/Special Judge, Ramur issuing non-bailable warrants against the applicants in S.T. No.410 of 2014 arising out of case crime no.181A of 2010, Ankush and others Vs. State u/s 148, 149, 323, 504, 506 IPC.
At the very outset, learned counsel for the applicants states that the purpose of the applicants would suffice if an order is passed directing the trial court to decide the bail application of the applicants, as expeditiously as possible. He further states that although the prayer has been made for quashing of the order issuing non-bailable warrants in the case but he does not press the same.
Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.
In view of the above, the prayer for quashing of order issuing non-bailable warrants is dismissed as not pressed.
However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants surrender before the trial court and apply for bail within two weeks from today, the same shall be considered and decided expeditiously in accordance with law.
Till the aforesaid period, non-bailable warrants dated 3.11.2022 issued against the applicants shall be kept in abeyance.
It is clarified that if the accused-applicants do not appear before the court concerned by the said date, the court concerned shall proceed against them in accordance with law.
The present application is disposed of.
(Samit Gopal, J.) Order Date :- 17.1.2023 Gaurav