Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 141353 (ALL)

RADHEKANT v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/4342/2025 · 2025-06-02

Manjive Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:34226 Court No. - 5 Case :- APPLICATION U/S 482 No. - 4342 of 2025 Applicant :- Radhekant Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vivek Kumar Singh,Priya Singh Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Heard Sri Vivek Kumar Singh, learned counsel appearing for the applicant and learned Additional Government Advocate appearing for the State. 2. The instant Application under Section 528 of the B.N.S.S., 2023/482 Cr.P.C. has been filed challenging therein, the order dated 26.11.2024 whereby, Non Bailable Warrant had been issued for ensuring presence of the applicant before the trial court. 3. It has been contended on behalf of the applicant that at no point of time, he has been served any order whereby, he had been summoned by the trial court and further the trial court on the basis of summoning order dated 06.12.1999 straightway had issued a Non Bailable Warrant against the applicant vide order dated 26.11.2024. It has further been contended that the trial court at no point of time ever issued Bailable Warrant or took any step to ensure presence of the applicant therefore, there was no occasion for the trial court to straightway issue the Non Bailable Warrant for ensuring his presence. 4. I have considered the arguments advanced by the learned counsel appearing for the revisionist. 5. Let the applicant appear before the trial court through counsel within a period of fifteen days from today and file an application for recall of order dated 26.11.2024. 6. If the applicant files the aforesaid application for recall of order dated 26.11.2024 within fifteen days from today through counsel, the execution and enforcement of the Non Bailable Warrant issued against him, shall remain in abeyance till the decision on his application filed for recall of order dated 26.11.2024. 7. With the aforesaid direction, this Application is disposed of. Order Date :- 2.6.2025 A. Mandhani Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad, Lucknow Bench