AMIT NIGAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/7713/2025 · 2025-09-12
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164149 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164149 (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. - 7713 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 quashed/set aside the impugned chargesheet no. 01 of 2023 dated 22.08.2023 arising out of case crime no. 447 of 2022 u/s 2/3 of U.P. Gangster & Anti Social Activities(Prevention) Act, 1986 P.S. Maanpur District Sitapur and quash the entire criminal proceedings of Special Session Trial No. 1925 of 2023 registered against petitioner on the basis aforesaid impugned chargesheet, including summoning order dated 19.10.2023. 3. After arguing to some length, learned counsel for the applicant has confined his arguments that due to unavoidable circumstances, the applicant could not appear before the trial court after year 2023 and subsequently, he was enlarged on bail and the summons were issued on 19.10.2023. He added that non-bailable warrant has been issued on 24.06.2025, whereas, the applicant undertakes that he will appear on the next date before the trial court as well as on the subsequent dates and he will never abscond from the trial proceedings in the future. 4. Learned counsel appearing for the State has opposed the contentions aforesaid and submits that the applicant has misused the liberty of bail and he is avoiding the proceedings of the trial court, thus, he is not entitled for any relief. 5. Considering the submissions of counsel for the parties, it transpires that Versus Counsel for Applicant(s) : D.P. Dutt Tiwari, Anil Kumar Singh Counsel for Opposite Party(s) : G.A. Amit Nigam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
the applicant appeared and has been enlarged on bail and after enlarging him on bail, he has been summoned, thereafter, because of his non-presence as is explained with reasons, he could not appear before the trial court, and the trial court has issued non-bailable-warrant. This Court is aware that the non- bailable-warrants are issued for procuring the presence of the accused and herein, the accused has undertaken that he will appear before the trial court on the next date thereafter as well, therefore, the non-bailable-warrant dated 24.06.2025 is hereby kept in abeyance. 6.
The applicant is directed to appear before the trial court on the next date and he will kept on appearing before the trial court on each and every date fixed and he will not remain absent on any date without application in writing, with cogent reasons, failing which, the trial court is at liberty to proceed in accordance with law. 7. With the aforesaid observation, the instant application is disposed of. September 12, 2025 Mayank A482 No. 7713 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench