DEVANDRA TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/5561/2025 · 2025-07-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150444 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150444 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39481 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5561 of 2025 Applicant :- Devandra Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Gopal Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Gopal Pandey, the learned counsel for the applicant and Sri Rajesh Kumar Singh, the learned A.G.A appearing on behalf of the State.
2. By means of the present application filed under Section 482 Cr.P.C, the applicant has challenged the validity of the impugned order dated 26.05.2025 passed by the Additional Chief Judicial Magistrate, Ambedkar Nagar in S.T. No. 702 of 2025, "State Vs Devandra Tiwari", arising out of Case Crime No. 44 of 1993 under Sections 323, 324, 504, 506 I.P.C, Police Station Alapur, District Ambedkar Nagar, whereby a non- bailable warrant has been issued against the applicant due to his non appearance from two consecutive dates.
3. The learned counsel for the applicant has stated that the applicant could not appear before the trial court on two dates due to unavoidable reasons and he is willing to appear before the trial court to participate the trial.
4. The trial court has not committed any illegality in issuing a non-bailable warrant due to non appearance of the applicant. The applicant can avail his remedy by appearing before the trial court itself and filing an application for recall of the order issuing a non-bailable warrant. In case any such application is filed by the applicant within a period of one week from today, the trial court shall pass suitable orders thereon expeditiously and sympathetically. 5 Accordingly, the present application stands disposed of. (Subhash Vidyarthi,J.) Order Date :- 10.7.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench