Neutral Citation No. - 2025:AHC-LKO:29192 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4083 of 2025 Applicant :- Bablu Yadav @ Amit Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Rama Kant Giri,Indra Pratap Singh,Lavlesh Giri,Om Bhardwaj Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 482 CrPC has been filed with the following prayer: "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet No. 01 of 2022 dated 30.11.2022 submitted in case crime No. 0548 of 2022 under sections 352, 504, 506 IPC as well as for quashing the summoning order dated 7.11.2023 as well as N.B.W. order dated 1.5.2025 passed by the Additional Chief Judicial Magistrate-III, Lucknow along with the entire criminal proceeding of Criminal Case No. 121517 of 2023 "State Versus Babloo Yadav @ Amit Yadav & others" pending before the Additional Chief Judicial Magistrate-III, Lucknow as contained in Annexure No. 1, 2 & 3 respectively so far it relates to the petitioner." Learned counsel for the applicant has submitted that an FIR has been lodged against the applicant under Section 352, 504, 506 IPC by the opposite party No. 2 against two named accused persons and some unknown persons alleging therein that the lekhpal Ashok Verma, the named accused has wrongly demarcated the land of the complainant and when the complainant asked as to why he has taking measurement of the land of the complainant, he replied that go and find your land yourself and he is not taking any action against the persons who are having illegal possession over the pond. The applicant had excavated the soil from the agricultural land of the complainant. The police after the investigation filed charge sheet and the court took cognizance and issued summoning order against the applicant. Learned counsel for the applicant has submitted that on 17.04.2025 anticipatory bail has been granted to the applicant by fixing next date on 24.04.2025. On that date, the complainant also appeared and thereafter the next date was fixed for 01.05.2025 but on 01.05.2025, due to his illness the applicant could not appear so the court concerned passed the impugned order by issuing non bailable warrants against the applicant and fixed the case for 15.05.2025. Learned counsel for the applicant appeared before the court concerned and gave an application but the court again passed an order of non bailable warrants on 15.05.2025 by fixing next date on 30.05.2025. It is further submitted that due to non appearance on one date only, non bailable warrants were issued. It is further submitted that the applicant undertakes that he will appear before the court on the next date fixed i.e. 30.05.2025 and he also undertook before this Court that he would appear before the court concerned on each and every date and shall co- operate in the proceedings, therefore, the order of non bailable warrants dated 01.05.2025 and 15.05.2025 may be quashed. Learned A.G.A. for the State has no objection to the prayer made by learned counsel for the applicant. After hearing learned counsel for the parties and going through the records of the case, it is found that after the grant of anticipatory bail on 17.04.2025 the applicant had appeared on 24.04.2025 but he failed to appear on 01.05.2025 i.e. the next date fixed but the court concerned had issued non bailable warrants. Learned counsel for the applicant has submitted before this Court that the applicant has given an undertaking to appear on the next date fixed on 30.05.2025 and also gives undertaking that he shall appear on each and every date and shall co-operate in the proceedings. Under these circumstances, in the interest of justice, the present application is allowed. The order of non bailable warrants dated 01.05.2025 and 15.05.2025 issued against the applicant is hereby set aside. In case the applicant does not appear before the court concerned, the court concerned is free to pass any appropriate order against the applicant or the order of non bailable warrants dated 01.05.2025 and 15.05.2025 shall revive. Order Date :- 16.5.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench