Neutral Citation No. - 2025:AHC-LKO:41822 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5712 of 2025 Applicant :- Raj Narain Shukla Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Atul Verma, the learned counsel for the petitioner, Sri Satyendra Srivastava, learned A.G.A. for the State and perused the records. 2. In view of the nature of reliefs sought and order proposed to be passed issuance of notice to the opposite party no.2 is hereby dispensed with and the matter is being decided finally after hearing the learned counsel for the applicant and the learned A.G.A. for the State, who does not propose to file a counter affidavit. 3. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicant has prayed for quashing of impugned charge sheet dated 16.04.1999 and the order dated 31.05.2019, passed by the learned Special Judge, PC Act-IX, Lucknow in Special Case No.2485 of 2019, arising out of Case Crime No.02 of 1984, under Sections 147/364/120- B/161 I.P.C. and Section 5(2) of Prevention of Corruption Act, Police Station Pahari, District Banda. By the impugned order dated 31.05.2019, the learned trial court has issued non-bailable warrant against the applicant due to his non-appearance. 4. The applicant has filed a supplementary affidavit annexing therewith copy of entire order sheet of the trial court, which indicates that the trial was initially going on at Chitrakoot. It was transferred to Lucknow and received here on 13.03.2019. The matter was then transferred to the Court of Special Judge, PC Act-IX, Court No.14, Lucknow on 13.03.2019. On 09.04.2019 the case diary was received by the trial court and on 31.05.2019 non-bailable warrant was issued against the applicant. 5. Submission of the learned counsel for the applicant is that the aforesaid case was instituted in the year 1984 alleging commission of offence while the applicant was posted as Station House Officer of Police Station Pahari, District Banda. The applicant had appeared before the trial court and was released on bail. Thereafter, he continued to serve the police department and he did not abscond. The applicant has retired on attaining the age of superannuation about 17 years ago as presently he is aged 77 years. He was not served with any notice regarding transfer of the trial from Chitrakoot to Lucknow and therefore he could not appear before the trial court. Prior to transfer of the case the applicant has continuously participated in the trial proceedings for 17 long years and thereafter he could not appear as he did not get information of transfer of the case. 6. The learned counsel for the applicant has stated that the applicant could not appear before the trial court due to the aforesaid reasons. He is a law abiding senior citizen and he will cooperate with the proceedings of trial. 7. Although, the learned A.G.A. opposed the application, he could not point out from the order sheet brought on record that any notice of transfer of trial from Chitrakoot to Lucknow was served with the applicant. He has submitted that non-bailable warrant has been issued by the trial court to ensure appearance of the applicant for expeditious disposal of the trial and it would be in the interest of expeditious disposal of trial that the applicant be directed to cooperate with the trial. 8. In view of the aforesaid facts and circumstances of the case, the instant application is allowed in part. The impugned order dated 31.05.2019, whereby non-bailable warrant has been issued against the applicant is hereby quashed. The applicant is directed to appear before the trial court on the next date fixed which is 04.08.2025 and furnish a personal bond and two sureties for his continued appearance before the trial court and cooperation in expeditious disposal of trial. . [Subhash Vidyarthi, J.] Order Date :- 22.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench