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2025 DAILYLAW 161648 (ALL)

AMIT SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7366/2025 · 2025-09-03

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7366 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Instant application has been filed with the prayer to quash/set aside the impugued Non Balable Warrant (N.B.W) order dated 08.01.2021 passed by Learned Additional Sessions Judge, Fast Track-Ist, Ambedkar Nagar in Cane No.04/2014 arising out of Case Crime No.502/2013, under section 3(1) of UP. Gangster Act, P.S.-Akbarpur, District-Ambedkar Nagar including further criminal proceeding in pursuance thereof. 3. It is argued by learned counsel for the applicant that the applicant after serving about 6 years of incarceration has been released on bail and due to certain unavoidable circumstances, he could not appear before the trial court since 08.01.2021, therefore, non-bailable-warrant has been issued. He submits that now the applicant is ready to appear before the trial court and he undertakes that he will always cooperate with the trial proceeding and will never abscond from the same. 4. Learned A.G.A. appearing for the State has opposed the contentions aforesaid. 5. Considering the submissions of counsel for the parties and after perusal of record, this Court is aware that the proceedings of issuance of non-bailable- warrant is for procuring the presence of the accused and it has been stated by counsel for the applicant that due to unavoidable circumstances, he could not appear before the trial court and the applicant has undertaken that he will appear before the trial court on each and every date fixed. Versus Counsel for Applicant(s) : Ajay Kumar Pandey Counsel for Opposite Party(s) : G.A. Amit Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 6. For the forgoing reasons, the non-bailable-warrant dated 08.01.2021 issued against the applicant is hereby kept in abeyance. 7. The applicant is directed to appear before the trial court on the next date fixed, failing which, the trial court shall proceed in accordance with the law and the applicant will lose his opportunity to approach this Court for seeking any kind of relief for his non-appearance before the trial court. It is further provided that the applicant shall appear before the learned trial court on each and every date fixed and he shall not absent on any date without any prior application in writing, while mentioning cogent reasons. 8. Accordingly, the application is disposed of. September 3, 2025 Mayank A482 No. 7366 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench