Khushi Ram And Another vs. State Of U.P And Another

Held

The Court refused to quash the entire proceedings of the criminal case. However, it provided relief to the applicants by directing that if they file an application for the recall of the non-bailable warrant within three weeks from the date of the order, the concerned court shall consider the said application and pass an appropriate order expeditiously. For a period of three weeks, no coercive action would be taken against the applicants. The Court also stipulated that if the applicants failed to act within the directed time, the concerned court could adopt all coercive measures to ensure their appearance. The application was disposed of with these observations.

Facts

The applicants, Khushi Ram and another, filed an application under Section 482 Cr.P.C. before the Allahabad High Court. They sought to quash a non-bailable warrant order dated 28.06.2023, issued by the Special Judge, Gangster Act, Agra. This warrant was issued in connection with GST No. 271 of 2000, under Section 2/3 of the Gangster Act, registered at P.S. Etmadaula, District Agra. The applicants' sole submission was that they be granted an opportunity to file an application for the recall of the non-bailable warrant. The State's counsel had no objection to this prayer.

Key Issues

1. Whether the applicants are entitled to an opportunity to file an application for the recall of the non-bailable warrant issued against them under Section 482 Cr.P.C.? Petitioner's Argument: The applicants argued that the court concerned had issued a non-bailable warrant for their appearance and sought an opportunity to file an application for its recall. They did not press for the quashing of the entire proceedings. Revenue/State's Argument: The learned Additional Government Advocate (AGA) for the State had no objection to the applicants' prayer for an opportunity to file an application for recall of the warrant.