RAHUL GAUTAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. (HOME) GOVT. OF U.P. LKO.
A482/7206/2025 · 2025-09-01
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161432 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161432 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7206 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant application under section 482 Cr.P.C. has been filed by the applicants with the following prayers:-
"I. To quash the every proceeding arising out of the Charge Sheet in Case No. 1019 of 2019, Crime No.0836 of 2017, U/s- 427/504/506 IPC Police station- Gajipur, District Lucknow, Pending in the Court of Spl. CJM Custom, Lucknow, State Vs. Rahul Gautam & Anr, as contained in Annexure No.1 to the quash petition. II. To quash the NBW issued on dated 27/04/2022, 18/03/2023, 18/04/2023 and 16/02/2025 against the applicants by the Hon'ble Court of Spl. CJM Custom, Lucknow." It is further submitted that for non-appearance on 27.4.20222, 18.3.2023, 18.4.2023 and 16.2.2025, non-bailable warrant has been issued. He submits that applicant no.2 is suffering from breast cancer as well as the applicant no.2 is also suffering with serious ailment, therefore, they could not appear before the trial court on the dates fixed. He further submits that the applicants are ready to co-operate in the trial proceedings, thus, submission is that the non-bailable warrant issued against them may be quashed. On the other hand, learned A.G.A. for the State has opposed the contention aforesaid and submits that since the applicants are not appearing before the trial court, therefore, the non-bailable warrant has been issued against them and, hence, no interference is warranted. Versus Counsel for Applicant(s) : Daya Shankar Tiwari, Aditya Pandey, Manju Sonkar Counsel for Opposite Party(s) : G.A. Rahul Gautam And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. .....Opposite Party(s)
Considering the submissions particularly the fact that the applicant no.2 is suffering from breast cancer and the applicant no.1 is also suffering from serious ailment, non-bailable warrant dated 27.4.2022 and following orders dated 18.3.2023, 18.4.2023 and 16.2.2025 are kept in abeyance. The applicants are directed to appear before the trial court on the next date fixed failing which the Trial Court is at liberty to proceed against them in accordance with law. It is further provided that the applicants shall appear on each and every date fixed and they shall not remain absent without written application with cogent reasons.
With the aforesaid observations, instant application is hereby disposed of. September 1, 2025 Ram Murti A482 No. 7206 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench