FAHED ALIAS FAHED ALI ALIAS MAKKI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. U.P. AND ANOTHER
A482/7384/2025 · 2025-09-10
Ajay Bhanot
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162447 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162447 (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. - 7384 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. Shri Gulam Mustafa, 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 the learned trial court. The applicants have assailed the order dated 26.11.2024 in which NBWs have been issued against them. 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 i.e. 26.11.2024 due to the illness of applicant no. 2. 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 applicants undertake 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 26.11.2024 in Case Crime No. 272 of 2017 Versus Counsel for Applicant(s) : Gulam Mustafa Counsel for Opposite Party(s) : G.A. Fahed Alias Fahed Ali Alias Makki And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. U.P. And Another .....Opposite Party(s)
(State vs. Fahad Ali @ Makki and another) under sections 504, 506 IPC passed by the ACJM-V, Lucknow 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 10, 2025 Vandit A482 No. 7384 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad, Lucknow Bench