MOHD. HASIM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5068/2025 · 2025-06-18
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146416 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146416 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35805 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5068 of 2025 Applicant :- Mohd. Hasim Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vivek Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. Heard learned counsel for the applicant and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed for quashing of the order dated 08.11.2021 by which non-bailable warrant has been issued against the applicant in Session Trial No. 812 of 2020(State Vs.Mohd. Hasim and others) arising out of Case Crime No. 255 of 2019, under Sections 379, 411 and 413 I.P.C., Police Station Chowk, District Lucknow, pending in the court of Additional Session Judge, Court No. 17, Lucknow.
Learned counsel for the applicant submitted that the applicant was enlarged on bail and thereafter charge-sheet was submitted by the Investigating Officer, but due to Pandemic Covid-19, the applicant could not appear before the court below and the proper information was not given by his counsel and he also visited several time, but the court was vacant and thereafter he was not informed by his counsel, as a result Non-bailable warrant was issued on 08.11.2021. The applicant is ready to cooperate in the trial. He does not have any criminal antecedent and due to fault of his counsel, the applicant cannot be victimized, therefore, kind indulgence of this Court is necessary. Learned A.G.A. vehemently opposed the prayer of the applicant and submitted that as per the Order Sheet annexed with the application, the applicant was not cooperating in the proceedings and non-bailable warrant was issued. Considering the submissions of learned counsel for the parties and going through the contents of the application as well as other relevant documents, this Court finds that the involvement of the applicant was found and thereafter he was enlarged on bail. The charge-sheet was filed thereafter in the Pandemic Covid-19 a non-bailable warrant was issued on 08.11.2021, as the proper information was not given by the counsel of the applicant, therefore, he could not appear. In such circumstances,
the order dated 08.11.2021 along with the consequential orders passed in Session Trial No. 812 of 2020(State Vs.Mohd. Hasim and others) arising out of Case Crime No. 255 of 2019, under Sections 379, 411 and 413 I.P.C., Police Station Chowk, District Lucknow are hereby set aside with liberty to the applicant to appear before the trial court on the next date and the trial court is also directed to proceed in accordance with law. With the aforesaid observations and directions, the application stands disposed of.
Order Date :- 18.6.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench