SUKH VEER SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER
A482/5040/2025 · 2025-06-23
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146476 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146476 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36092 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5040 of 2025 Applicant :- Sukh Veer Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Shailendra Kumar Tiwari,Abhishek Shukla,Sanjay Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
1. Heard learned counsel for the applicant, learned A.G.A. for State and perused the record. 2. The instant application u/s 482 Cr.P.C. has been filed by the applicant with a prayer to quash the entire proceedings of Criminal Case No.1293 of 1993 (State vs. Sukhveer Singh and others) in pursuance of Chargesheet dated 08.11.1993 arising out of First Information Report No.317 of 1993 under Sections 392, 411 I.P.C., Police Station Maurawan, District Unnao as well as Non Bailable Warrant dated 07.02.2004 passed by learned Judicial Magistrate, Purva Unnao contained as Annexure Nos.1 & 2 to this application. 3. It is submitted by learned counsel for the applicant that in this case First Information Report was lodged in the year 1993 and chargesheet was filed and the applicant was enlarged on bail by the learned trial court. Thereafter, he could not appear before the learned court on the date fixed since he was away from his home in relation to livelihood. Non Bailable Warrant was issued against him but it was not in his knowledge. He is ready to appear before the learned court but there is apprehension of arrest against him since the order of Non Bailable Warrant dated 07.02.2004. Therefore, he prays to
quash the order for Non Bailable Warrant against the applicant. 4. Learned A.G.A., on the other hand, opposed the aforesaid prayer and contended that applicant did not appear before the learned court on the date fixed, therefore, Non Bailable Warrant was issued against him and trial is hampered. 5.
On considering the submission made by learned counsel for the applicant and learned A.G.A., it appears that the applicant being away from his home in relation to livelihood and could not appear before the learned court, therefore, Non Bailable Warrant issued against him, is kept in abeyance with direction to the applicant to appear before the learned trial court within 15 days from today and to move recall application, which shall be considered by the learned court and the applicant will continue to appear before the learned trial court on every date unless exempted without any fail. 6. The application is disposed of accordingly. (Subhash Chandra Sharma, J.) Order Date :- 23.6.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench