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2025 DAILYLAW 104821 (ALL)

WARASAT ALI v. State of U.P. AND ANOTHER

CRLR/5447/2024 · 2025-05-29

Manjive Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93482 Court No. - 82 Case :- CRIMINAL REVISION No. - 5447 of 2024 Revisionist :- Warasat Ali Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Archana Tiwari,Atul Pandey Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Heard learned counsel appearing for the revisionist and learned Additional Government Advocate appearing for the State. 2. The instant criminal revision has been filed challenging therein, the order dated 05.08.2024 passed by the learned Chief Judicial Magistrate, Sant Kabir Nagar in Case No. 6451 of 2019 (State Vs. Warasat Ali) whereby, Non Bailable Warrant had been issued against the revisionist. 3. Learned counsel appearing for the revisionist has argued that since the revisionist filed an application for discharge from the offences in question therefore, he was under impression that during pendency of that application, he is not required to appear in person before the court on each and every date. The revisionist is not well versed with the procedure of the criminal courts therefore, in ignorance of law, he remained absent on the dates fixed before the trial court. 4. Learned counsel appearing for the revisionist has submitted that the revisionist undertakes that henceforth, on each and every date (except in some unavoidable circumstances), he shall remain present before the trial court. He further submits that the revisionist may be granted fifteen days' time to appear before the trial court and file an application for recall of the order dated 05.08.2024 and further, the execution of the Non Bailable Warrant issued against the revisionist may be kept in abeyance till his application, for recall of Non Bailable Warrant issued vide order dated 05.08.2024, is decided. 6. On the other hand, learned Additional Government Advocate appearing for the State does not have any objection if the aforesaid limited prayer made by the revisionist is allowed by this Court. 7. I have considered the arguments advanced by the learned counsel appearing for the revisionist and I find that the trial court had issued Non Bailable Warrant against the revisionist only for the reason that he remained absent on various dates during the trial. 8. In view of the aforesaid reasons, this criminal revision is disposed of with liberty to the revisionist to appear before the trial court within 15 days from today and file an application for recall of Non Bailable Warrant, issued vide order dated 05.08.2024. 9. If the revisionist appears before the trial court and files an application for recall of Non Bailable Warrant, issued vide order dated 05.08.2024 within 15 days, the execution of the Non Bailable Warrant issued against him would remain in abeyance till the trial court decides the application for recall of Non-Bailable warrant. Order Date :- 30.5.2025 A. Mandhani Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad