RAJESH SINGH @ RAJESH KUMAR SINGH v. STATE OF THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/7777/2025 · 2025-09-19
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164447 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164447 (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. - 7777 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. The notice to the opposite party no.2 is hereby dispensed with as the matter is being decided at the admission stage. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. Instant application has been filed with the prayer to quash charge sheet dated 9.4.2029, NBW order dated 19.5.2025 and also the criminal proceedings in Criminal Case No.18124 of 2019 arising out of Crime No.216 of 2018 under Sections 406, 420, 506, 409 I.p.C. Police Station Gudamba, District Lucknow pending in the court of A.C.J.M.-II Lucknow. It is argued by learned counsel for the applicant that after lodging of the F.I.R., the applicant appeared before the trial court and he has been enlarged on bail but due to unavoidable circumstances, he could not appear on subsequent dates, as such, non bailable warrant has been issued on
19.5.2025. He submits that his non-appearance before the trial court is not deliberate and the applicant undertakes that he will appear on each and every date fixed by the trial court. Therefore, submission is that order of non- bailable warrant may be set aside. On the other hand, learned A.G.A. for the State has opposed the contention aforesaid. Versus Counsel for Applicant(s) : Daya Shankar Tiwari, Aditya Pandey, Manju Sonkar Counsel for Opposite Party(s) : G.A. Rajesh Singh @ Rajesh Kumar Singh .....Applicant(s) State Of Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
Considering the submissions of the learned counsel for the applicant and after perusal of the record, it transpires that the applicant has been enlarged on bail and non-bailable warrant has been issued on 19.5.2025 to procure his presence and at this stage, the applicant has undertaken that due to unavoidable circumstances, he could not appear before the trial court and he will appear on each and every date fixed and never abscond from the trial proceedings. In view of the aforesaid undertaking given by the applicant, the non-bailable warrant is kept in abeyance.
The applicant is hereby directed to appear before the trial court on the next date fixed and he will not remain absent before the trial court without application in writing with cogent reasons failing which the trial court is at liberty to proceed against the applicant in accordance with law. In view of the aforesaid observation, instant application is hereby disposed of at the admission stage. September 19, 2025 Ram Murti A482 No. 7777 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench