MOHD. HASIM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
A482/5112/2025 · 2025-06-26
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146587 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146587 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36468 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5112 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 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 08.11.2021 issued against the applicant in Session Trial No. 813 of 2020 arising out of Case Crime No. 256 of 2019, under Sections 379, 411, 413, 414, 420 IPC, Police Station Chowk, District Lucknow. It is submitted by learned counsel for applicant that in this case, the accused/applicant was granted bail and then he was continuing to appear before the learned trial court but in the meantime, case was transferred from one court to other and that fact was not in the knowledge of the present applicant, therefore, he could not appear before the transferee court that was the reason N.B.W. was issued on 08.11.2021. He is ready to face the trial and to participate in the proceedings but he is under apprehension of arrest, therefore, request to quash the order of N.B.W. dated 08.11.2021 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. perusal of record and the fact that the case was transferred from one court to other and the applicant had no knowledge about the pendency of case in the transferee court, that was the reason he could not appear before the learned court as a result N.B.W. was issued on 8.11.2021, 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 allowed.
Order Date :- 26.6.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench