Neutral Citation No. - 2025:AHC-LKO:5802-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 794 of 2025 Petitioner :- Parmanand Gupta Respondent :- District And Session Judge Distt. Lko Counsel for Petitioner :- Mohammad Irfan Siddiqui Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. Heard learned counsel for the petitioner. This petition has been filed with the following prayer: "issue a writ, order or direction in the nature of Mandamus by issuing directions to the opposite party search the court record i.e. non bailable warrant in case Crime No. 74 of 2020, under Sections 406, 420, 504, 506 I.P.C., Police Station Gomti Nagar Vistar, District Lucknow; State vs. Vikash Yadav & others in which learned Chief Judicial Magistrate was issued on 01.08.2024 against the accused person in the interest of justice as well as setup the inquiry about conspiracy of missing the court record and fixed the accountability of responsible person." It is the case of the petitioner that a complaint was lodged which resulted in FIR being filed in Crime No.74 of 2020, under Sections 406, 420, 504, 506 I.P.C., Police Station Gomti Nagar Vistar, District Lucknow on 25.06.2020 against the accused persons. Charge-sheet was submitted in court by the Investigating Officer and the trial in the aforesaid matter is going on before the Chief Judicial Magistrate, who has issued non-bailable warrant against the accused on 01 August, 2024. The police has received a copy of the non-bailable warrant and perhaps informed the accused, who taking note thereof filed an application for anticipatory bail which was allowed by the District Judge without noticing that a non-bailable warrant had already been issued by the court of the Chief Judicial Magistrate. The counsel for the complainant has gone through the court record and the non bailable warrant is missing from the record. The petitioner has given an application before the District Judge on 25.11.2024 for tracing of the non-bailable warrant from the record but no decision has been taken on his application. It has orally been submitted that the District Judge to whom the application was given has since then retired and there is no District Judge in the District and Sessions Judge, Judgeship of Lucknow. We take judicial notice of this fact that an In-charge District and Sessions Judge Sri Anurodh Kumar Mishra was functioning when the writ petition was drafted on 23.01.2025 and filed on 25.01.2025 and Smt. Babita Rani has taken over as District Judge on 25.01.2025 itself. In case, the petitioner is aggrieved by grant of anticipatory bail to the accused, he has remedy for filing of an application for cancellation of bail. The writ petition is misconceived, it is dismissed as such. Order Date :- 28.1.2025 Reena/- (Ajai Kumar Srivastava-I, J.) (Sangeeta Chandra, J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench