MOHD.SAIF ANSARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5043/2025 · 2025-06-25
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146479 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146479 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36311 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5043 of 2025 Applicant :- Mohd.Saif Ansari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shadab Haider,Rizwan Haider,Tanveer Haider 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 02.05.2025 issued by Additional Chief Judicial Magistrate-II, Sitapur in Compliant No. 40522 of 2022 (Ehsan Ali Vs. Saif Ansari and other) under Sections 392, 427 IPC, Police Station Hargaon, District Sitapur. It is submitted by learned counsel for applicant that in this case, after taking cognizance, no summon was received and he has no information about the case that was the reason he could not appear before the Court concerned on the date fixed as a result N.B.W. was issued on 02.05.2025. He is ready to appear before the court and to participate in the proceedings, therefore, request to quash the order of N.B.W. dated 02.05.2025 passed against him. Learned A.G.A. opposed the prayer and urged that applicant may move an application before the court concerned for recall of N.B.W. 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 the applicant had no knowledge about the case that was the reason he could not appear before the learned court as a result N.B.W. was issued on 02.05.2025, therefore, N.B.W. issued against him is hereby quashed with direction to the applicant to appear before the learned court on every date unless exempted by the learned trial 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