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2025 DAILYLAW 145487 (ALL)

SHAILENDRA NATH TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER

A482/4905/2025 · 2025-06-10

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35193 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4905 of 2025 Applicant :- Shailendra Nath Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Amitesh Pratap Singh,Abhijeet P. Singh Chauhan,Akar Srivastava,Ashutosh Goswami Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application has been filed by the applicant praying as under:- "To quash the Non-Bailable Warrant issued on 20.05.2025 arising out of Session Trial No.174/2014 (State Versus Bake Lal & Others) in case crime no.40A/2000, under Sections 323, 324, 504, 506 I.P.C. registered at Police Station- Rajey Sultanpur, District- Ambedkarnagar, passed by Addl. Sessions Judge/F.T.C. Ist, District- Ambedkarnagar in the interest of justice. It is further prayed that the further proceeding in pursuance the Non- Bailable warrant issued on 20.05.2025 arising out in Session Trial No.174/2014 (State Versus Bake Lal & Others) in case crime no.40A/2000, Under Section-323, 324, 504, 506 I.P.C. registered at Police Station- Rajey Sultanpur, District- Ambedkarnagar, passed by Add. Sessions Judge/F.T.C. Ist, District-Ambedkarnagar, may be stayed during the pendency of this application." 3. Learned counsel for the applicant submits that the F.I.R. of the case in question was lodged as a cross case and thereafter charge-sheet was submitted u/s 323, 324, 504, 506 I.P.C. and later on, the applicant was enlarged on bail by learned Sessions Judge. He further submits that the applicant has shifted to Lucknow and started residing separately. He next submits that as the applicant was not aware about the status of the trial of the case in question, his counsel failed to inform the Court concerned about the trial, as a result, on 20.05.2025, non bailable warrant was issued against the applicant. He also submits that the applicant is ready to cooperate in the trial and due to fault of the applicant's counsel, non bailable warrant was issued, therefore, the order dated 20.05.2025 may be set aside. 4. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that the trial in question is pending since 2014 due to non cooperation of the applicant. 5. Considering the submissions of learned counsel for the parties and going through the contents of the application, the impugned order dated 20.05.2025 as well as other relevant materials, it is evident that the applicant's counsel failed to inform the Court concerned about the status of the trial and as the applicant could not appear before the Court concerned, non bailable warrant was issued against him on 20.05.2025. In such circumstances, this Court is of the view that due to fault of the lawyer, his client should not be victimized. Therefore, the order dated 20.05.2025 passed by the trial Court in S.T. No. 174 of 2014 is hereby set aside with liberty to the applicant to appear before the trial Court and to cooperate in the proceeding of the trial. 6. With above observations, the application is allowed. Order Date :- 10.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench