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Allahabad High Court

JAMEER @ CHUNNOOversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court allowed the appellant to file a recall application for the non‑bailable warrant and stayed any coercive action for 20 days, disposing of the appeal.

Summary

The appellant, Jameer @ Chunnoo, appealed to the Allahabad High Court under Section 14A‑1 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, seeking to quash a summons dated 13 January 2015, a non‑bailable warrant dated 6 July 2023, and the entire Special Sessions Trial proceedings relating to offences under Sections 323, 504, 506 IPC and Section 3(1)(10) of the SC/ST Act. The appellant argued that he had been granted regular bail but could not appear before the trial court due to unavoidable circumstances, leading to the issuance of the warrant. The State did not oppose these submissions. The Court, after considering the circumstances, granted the appellant liberty to file an application before the trial court for recall of the non‑bailable warrant within 20 days and ordered that no coercive action be taken against him during that period. The appeal was consequently disposed.

Issues considered

  • Whether the appellant is entitled to quash the summons, non‑bailable warrant, and the Special Sessions Trial proceedings under Section 14A‑1 of the SC/ST Act.
  • Whether the appellant may be permitted to move an application for recall of the non‑bailable warrant.

Legislation cited

Subjects

  • criminal appeal
  • non‑bailable warrant
  • recall application
  • SC/ST Act
  • bail
  • procedural liberty

Judgment

              HIGH COURT OF JUDICATURE AT ALLAHABAD

                   CRIMINAL APPEAL No. - 4630 of 2026

Jameer @ Chunnoo
                                                                 .....Appellant(s)
                                     Versus
State of U.P. and Another
                                                              .....Respondent(s)

Counsel for Appellant(s)                                :     Shyam Lal
Counsel for Respondent(s)                               :     G.A.

Court No. - 51
                      HON'BLE MADAN PAL SINGH, J.

1. Heard learned counsel for appellant and learned AGA for the State-
respondent.

2. By means of the present criminal appeal under Section 14A-1 of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,
the appellant has prayed for quashing of the summoning order dated 13th
January, 2015, non-bailable warrant dated 6th July, 2023 as well as entire
proceedings of Special Sessions Trial No. 70 of 2015 (State Vs. Jameer @
Chunnoo), arising out of Case Crime No. 104 of 2008 under Sections 323,
504, 506 I.P.C. and Section 3 (1) 10 of S.C./S.T. Act, Police Station-Khetasrai,
District-Jaunpur pending in the Court of Special Judge, (S.C./S.T. Act),
Jaunpur.

3. At the very outset, learned counsel for the appellants has submitted that in
the aforesaid criminal case, the appellant has been enlarged on regular bail
but during the trial proceedings due to some unavoidable circumstances, he
could not appear before the trial court due to which the above non-bailable
warrant has been issued against him. Now he prays that he may be permitted
to move an application before the trial court for recall of the non-bailable
warrant dated 6th July, 2023.

4. Learned AGA for the State has not opposed the submissions made by
learned counsel for the appellant.

5. Under the facts and circumstances of the case, the appellant is granted
liberty to file an application before the concerned trial court for recall of the
non-bailable warrant. If the appellant moves the recall application before the
trial court within 20 days from today or whichever is earlier, the same shall be
considered and decided by the trial court in accordance with law at the
earliest, if possible on the same day.
                                                                                              CRLA No. 4630 of 2026
                                                                    2

                                    6. For a period of 20 days, no coercive action shall be taken against the
                                    appellant.

                                    7 . With the aforesaid observation, the present criminal appeal is disposed of.

                                    May 7, 2026
                                    Sushil/-
                                                                                            (Madan Pal Singh,J.)




Digitally signed by :-
SUSHIL KUMAR SINGH
High Court of Judicature at Allahabad


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