KUNJ BIHARI PANDEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/5086/2025 · 2025-06-25
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146735 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146735 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36329 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5086 of 2025 Applicant :- Kunj Bihari Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Anand Pratap Singh,Vinod Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record. This application has been filed with a prayer to allow this application and quashing the order dated 01.05.2025 passed by Chief Judicial Magistrate, Gonda by means of which the learned court concerned has issued Non Bailable Warrant against the applicant in Case Crime No. 597 of 2007, under Section 342, 323 I.P.C., Police Station Kotwali Nagar, District Gonda. It is submitted by learned counsel for applicant that he did not appear before the learned court since his young son died in road accident, that was the reason he was under distress. Now, he is ready. He is ready to face the trial and appear and appear before the learned trial court on every date fixed but is under apprehension of arrest due to issuance of N.B.W. by order dated 01.05.2025, therefore, request to quash the order of N.B.W. dated 01.05.2025 passed against him. Learned A.G.A. opposed the prayer as aforesaid. 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 become distressed since his young son died in road accident that was the reason he could not appear before the learned court as a result N.B.W. was issued on 01.05.2025, 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 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench