Neutral Citation No. - 2025:AHC-LKO:28992 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4121 of 2025 Applicant :- Pritindra Nath Sanyal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Abhishek Srivastava,Atharva Arya,Farhan Abbas Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 of B.N.S.S. / 482 Cr.P.C. has been preferred with the following prayers: "i. Quash impugned order dated 02-04-2025 passed by the Ld. Court of Chief Judicial Magistrate, Lucknow in Case No. 9480/1992; State Vs. Pritindra Nath Sanyal arises out of FIR bearing Crime No. 1261/1990 U/s 353, 506, 504, 427 IPC lodged at P. S. Hazratganj, Lucknow and all other consequential order whereby Non-Bailable Warrant has been issued against the petitioner as contained in Annexure N. 3 to this application. ii. Stay the operation and implementation of impugned order dated 02-04-2025 passed by the Ld. Court of Chief Judicial Magistrate, Lucknow in Case No. 9480/1992; State Vs. Pritindra Nath Sanyal arises out of FIR bearing Crime No. 1261/1990 U/s 353, 506, 504, 427 IPC lodged at P. S. Hazratganj, Lucknow and all other consequential order whereby Non-Bailable Warrant has been issued against the petitioner as contained in Annexure N. 3 to this application during pendency of instant petition in the interest of justice." 3. Learned counsel for the applicant has submitted that the applicant is aged about 71 years and he is suffering from old age ailments and due to miscommunication he could not appear before the court concerned in Case No.9480/1992 (State vs. Pritindra Nath Sanyal) and non-bailable warrant was issued against him on 2.4.2025. 4. It is further submitted that the applicant was granted bail in the year 1992 and he had never misused the liberty of bail and cooperated the trial by appearing on most of date fixed in the matter. 5. It is further submitted that after transfer of the case from the court of A.C.J.M. 4th to C.J.M. on 4.1.2024, the applicant has not received any information by his counsel. 6. On the other hand learned A.G.A. has submitted that the applicant had lastly appeared before the court concerned on 25.04.2023 and thereafter eleven dates have been fixed but on that dates the applicant has neither appeared nor any exemption application has been filed on behalf behalf, hence, there is no illegality in the order impugned issuing non-bailable warrant against the applicant and the application is liable to be dismissed. 7. At this stage, learned counsel for the applicant has submitted that the case is listed tomorrow i.e. 17.05.2025 before the court concerned and the applicant has given undertaking that he will appear before the court concerned tomorrow i.e. 17.05.2025 and cooperate in the trial in future. 8. Looking to the age of the applicant and the undertaking given by the learned counsel for the applicant and the submission made by him and also looking to the previous conduct of the applicant that the applicant is appearing in the case since 1992 till 25.04.2023 i.e. from last several years, the order of non- bailable warrant is liable to be set aside. 9. In view of above, the application is allowed. 10. The order dated 02-04-2025 passed by the Ld. Court of Chief Judicial Magistrate, Lucknow in Case No. 9480/1992; State Vs. Pritindra Nath Sanyal arises out of FIR bearing Crime No. 1261/1990 U/s 353, 506, 504, 427 IPC lodged at P. S. Hazratganj, Lucknow is set aside. 11. The applicant is directed to appear before the court concerned on the next date fixed i.e. 17.05.2025. Order Date :- 16.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench