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2025 DAILYLAW 146389 (ALL)

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

A482/5019/2025 · 2025-06-25

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36302 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5019 of 2025 Applicant :- Rahul Jaiswal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Panna Lal Gupta,Amit Kumar,Saurabh Kumar,Subrat Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for applicant, learned A.G.A. for State and perused the record. The present application has been filed by applicant to quash non-bailable warrant dated 06.07.2023 issued by Additional Sessions Judsge-3, N.I. Act, Lucknow in Case Crime No. 138 of 1982, under Sections 326, 323 IPC and section 3/4 The Explosive Substance Act, Police Station Nawabganj, District Gonda. It is submitted by learned counsel for the applicant that in this case, the case was initially prosecuted in the District Court Gonda but during the pendency of trial in pursuance to the order passed by this Court on 18.2.2022, case was transferred from Sessions Court Gonda to Sessions Court, Lucknow. This fact was not in the knowledge of the present applicant that was the reason he could not appear before the learned court in the District Lucknow, as a result N.B.W. was issued by the learned court on 7.6.2023. The applicant is ready to face the trail and to appear before the court and to participate in the proceedings, therefore, request to quash the order of N.B.W. Learned A.G.A. opposed the prayer as aforesaid and contended that the fact of transfer of case was in the knowledge of the applicant even though he did not appear before the learned trial court and hampering the trial. On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A. it appears that this case was pending before the learned court at Gonda but in pursuance to the order passed by this Court, the case was transferred to the Sessions Court, Lucknow. The applicant could not know about the transfer of case that was the reason he could not appear before the learned court as a result N.B.W. was issued on 7.6.2023, since the case is related to the incident which took place in the year 1982, therefore, N.B.W. issued against him is hereby quashed with direction to the applicant to appear before the learned court within a period of 15 days from today and then to appear on every date before the learned court unless exempted by the learned court. Accordingly, the present application is disposed of finally. Order Date :- 25.6.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench