AWANEESH KUMAR SRIVASTAVA v. THE STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER
A482/5573/2025 · 2025-07-16
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150518 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150518 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40579 Court No. - 12 Case :- APPLICATION U/S 482 No. - 5573 of 2025 Applicant :- Awaneesh Kumar Srivastava Opposite Party :- The State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Anand Kumar Srivastava,Vivek Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J.
Learned counsel for the applicant submits that the applicant was regularly appearing before the trial court but on one date i.e. 13.05.2025, he could not appear on account of some unavoidable circumstances when the case was fixed for statement under Section 313 Cr.P.C. but the court rejected the same and issued directly non-bailable warrant, which could not have been done. He further submits that the appellant undertakes to appear on each and every date henceforth. Now the case is fixed for 22.07.2025. Accordingly, he prays for quashing of the order dated 13.05.2025. Learned AGA though opposed the prayer made by learned counsel for the applicant but could not dispute the aforesaid
submissions of learned counsel for the applicant on the basis of material placed on record and submits that in case the applicant undertakes to comply his undertaking, the order may be quashed. In view of above, requirement of issuance of notice to the respondent no.2 is dispensed with. The petition is allowed and the order dated 13.05.2025 is hereby set aside subject to the condition that the applicant shall appear before the court on the next date fixed i.e.22.07.2025. He shall also appear on each and every date before the trial court and shall assist the court in early disposal of case.
Order Date :- 16.7.2025 Akanksha Sri/- Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench