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2025 DAILYLAW 148707 (ALL)

EHASAN AND 2 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/5343/2025 · 2025-07-04

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38006 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5343 of 2025 Applicant :- Ehasan And 2 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Dileep Kumar Yadav,Aman Agarwal Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dilip Kumar Yadav, the learned counsel for the applicant, Smt. Shikha Sinha, the learned A.G.A.-I appearing on behalf of the State and perused the records. 2. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS the applicants have challenged the order dated 20.01.2020, issued by the learned Special Judge P.C. Act-9 Lucknow in Criminal Case No.1 of 2006, arising out of Case Crime No.1221 of 2005 under Sections 409, 420 I.P.C. and Section 7/13 of Prevention of Corruption Act and Section 3/7 of Essential Commodities Act, Police Station Gola, District Lakhimpur Kheri, whereby the trial court had issued non- bailable warrants consequent to non-appearance of the applicants. Same order continued to be repetitively passed till 24.03.2025. The applicants were released on bail in the year 2006. 3. A perusal of the order sheet indicates that the applicants have not attended the proceedings before the trial court since the year 2017. 4. The learned counsel for the applicant has submitted that the trial was transferred in the year 2020 and after transfer no notice was issued to the applicants. When the applicants were not attending the proceedings since the year 2017, it does not lie in the mouth of the applicants that they could not appear before the transferred court for want of notice. Moreover, the rules provide that upon transfer a notice of the transfer is pasted outside the court room and had the applicants been attending the court diligently, they have come to know about transfer of the case. In any case the continued non appearance of the applicants before the court even before the transfer of the case for a period extending to about three years could not be justified by the learned counsel for the applicant. 5. In these circumstances, this court finds no illegality in the order dated 20.01.2020, passed by the trial court issuing non- bailable warrant due to non appearance of the applicants. Moreover, the conduct of the applicant in approaching this court after more than five and half years since passing of the order dated 20.01.2020 also dissuades this court to exercise any discretion in favour of the applicant. 6. The application is dismissed for the aforesaid reasons. . [Subhash Vidyarthi, J.] Order Date :- 4.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench