Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 162401 (ALL)

MO. IRFAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND ANOTHER

A482/7489/2025 · 2025-09-09

Ajay Bhanot

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7489 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. Shri Kartikay Singh, learned counsel for the applicants submits that the applicants are law abiding citizens and are cooperating in the investigations and have joined the trial proceedings. The applicants were enlarged on bail by this Court by orders dated 13.03.2019 in Bail No. 2769 of 2019 and 2767 of 2019 respectively. The applicants had appeared before the trial court on all dates fixed in the trial proceedings. The applicants could not appear before the trial court on the appointed date due to medical emergency. A communication in this regard was sent to the learned counsel appearing for the applicants before the trial court for making appropriate application and seeking exemption on behalf of the applicants. However, on account of some misunderstanding the said application could not be filed before the learned trial court. The absence of the applicants was due to bona fide reasons and for facts and circumstances beyond his control. The applicant undertakes to appear before the trial court on all dates fixed in the trial unless exempted by the trial court. In wake of the aforesaid submissions the NBWs against the applicants issued on 18.07.2025 and 01.08.2025 in Summary Versus Counsel for Applicant(s) : Kartikay Singh Counsel for Opposite Party(s) : G.A. Mo. Irfan And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another .....Opposite Party(s) Trial No. 486 of 2019 (Ashraf and other v. State of U.P.) under sections 302, 120-B IPC pending before the Special Court (SC/ST Act), Pratapgarh are liable to be quashed and are quashed. Further in the interest of justice the following directions are being issued: I. The applicants are directed to appear before the learned trial court within a period of one month and thereafter ensure that they shall regularly appear before the trial court on appointed dates (unless exempted by the learned trial court). II. In the event of breach of the aforesaid undertaking or failure of the applicants to appear before the learned trial court within one month and on all dates fixed thereafter (subject to exemption being granted by the trial court), the learned trial court shall immediately record a finding to this effect and proceed against the applicants in accordance with law and take out coercive measures if required. With the aforesaid direction the Application U/S 482 is allowed. September 9, 2025 Vandit A482 No. 7489 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad, Lucknow Bench