Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 165595 (ALL)

MERAJ KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7948/2025 · 2025-09-19

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7948 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 under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the prayer to quash the Cognizance order dated 25.11.2016 and Non- bailable Warrant dated 04.03.2025 to 20.08.2025 passed by the Sessions Judge-I, Lucknow arising out of Case Crime No.0260 of 2016 under Sections 364, 302, 201, 394, 411, 467, 471 IPC, P.S.- Jankipuram, District- Lucknow. 3. It is contended by learned counsel for the applicant that the applicant was enlarged on bail but subsequently, due to some unavoidable reasons as mentioned in the affidavit, he could not appear before the trial court, therefore, non-bailable warrant was issued by the trial court vide order dated 04.03.2025. He submits that the applicant undertakes that he will remain present before the trial court on each and every date and he will never abscond from the trial proceeding. Thus, submission is that the order of non-bailable warrant may be quashed. 4. On the other hand, learned A.G.A. appearing for the State has refuted the contentions aforesaid. 5. Considering the submissions of learned counsel for the parties and after Versus Counsel for Applicant(s) : Mewa Ram Satyarthi, Deepshikha Sharma Counsel for Opposite Party(s) : G.A. Meraj Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) perusal of record, it is apparent that the applicant did not appear before the trial court, therefore, non-bailable warrant has been issued on 04.03.2025. The warrants are issued for procuring the presence of the accused persons and here, the applicant has undertaken that he will appear before the trial court on each and every date fixed further by the trial court, therefore, the Non-bailable Warrant dated 04.03.2025 is hereby kept in abeyance. 6. The applicant is directed to remain present before the trial court on the next date fixed. He will keep on appearing on each and every date fixed by the trial court and shall not remain absent without written application with cogent reasons, failing which, the trial court is at liberty to proceed in accordance with law. 7. With the aforesaid observations, the application is disposed of. September 19, 2025 V. Sinha A482 No. 7948 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench