YOGENDRA SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/4069/2025 · 2025-05-15
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140157 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140157 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28535 Court No. - 29 Case :- APPLICATION U/S 482 No. - 4069 of 2025 Applicant :- Yogendra Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sanjai Singh,Suresh Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State-opposite party and perused the record. The instant application under section 482 Cr.P.C./section 528 of the B.N.S.S. has been filed by the applicant with the prayer to quash the summoning order dated 05-10-2023 vide Complaint Case No. 525/2023(Jainul Vs Yogendra Singh) and the order dated 25-03-2025 passed by the learned court below by which N.B.W. as well as the proceedings under section 82 of the Cr.P.C., arising out in Complaint Case No. 525/2023, U/s 138 of the N.I. Act, registered at Police Station- Jagdishpur, District-Amethi.
Learned counsel for the applicant submits that the present
applicant
due
to
unavoidable circumstances could not appear before the court and thereafter, Non Bailable Warrant was issued against the applicant on 25-03-2025, which is also under challenge in this application. On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contention aforesaid and submits that the applicant is using the delay-dallying tactics in the matter and as such, the applicant is not entitled for any relief. In rejoinder, learned counsel for the applicant submits that the interest of justice would be sub- served if the present applicant is permitted to surrender before the court concerned and may file bail application and the same may be directed to be considered within the stipulated period of time as may be fixed by this court.
Learned counsel further undertakes that the applicant will appear before the court below within a period of two weeks and will apply for bail. The counsel appearing for the State has no objection to the contentions abovesaid. In view of the aforesaid submissions, the applicant is at liberty to apply bail application within two weeks from today and if such application is filed, the same shall be considered and decided expeditiously. For the period of two weeks, only the non-bailable warrant issued against the applicant shall remain stayed. However, if the applicant does not appear before the court below within the aforesaid period and does not cooperate with the trial proceedings, this
order shall stand revoked and no benefit of this
order shall accrue to him. The application is disposed of.
Order Date :- 15.5.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench