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2025 DAILYLAW 165842 (ALL)

SUDHIR DIXIT v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. OF HOME AFFIARS LKO.

A482/8124/2025 · 2025-09-24

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8124 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Learned counsel for the applicant, at the very outset, submits that due to typographical error in the prayer clause in place of "non bailable warrant'', "summoning order" has wrongly been transcribed. He prays that he may be permitted to correct the same during course of the day. 2. Learned A.G.A. appearing for the State does not dispute the aforesaid contention. 3. In view of the aforesaid, learned counsel for the applicant is permitted to amend/correct the prayer clause as prayed during the course of the day. 4. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 5. The instant application has been filed with the prayer to quash/set aside the impugned non bailable warrant 27.09.2022 passed by the court of Learned Additional District and Sessions Judge III, Hardoi in S.T. No. 390/2016 (in re:- State of UP vs. Sunil Kumar Gupta & Ors.) arising out of FIR bearing Case Crime No. 142/2016 u/s 411, 413, 414, 420, 467, 468, 471 I.P.C., P.S.-Atrauli, District: Hardoi, as contained in ANNEXURE NO. 1 to this application. 6. It is contended by learned counsel for the applicant that during Covid period non bailable warrant was issued and because of misconception between him and the Advocate, he could not appear before the trial court. He Versus Counsel for Applicant(s) : Prateek Tewari Counsel for Opposite Party(s) : G.A. Sudhir Dixit .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Of Home Affiars Lko. .....Opposite Party(s) submits that the applicant undertakes that he will appear before the trial court on each and every date fixed in future and always cooperate with the proceedings of trial. Thus, submission is that the order dated 27.9.2022 may be set aside. 7. On the other hand, learned A.G.A. appearing for the State opposed the aforesaid contention. 8. Considering the submissions of learned counsel for the parties, it transpires that non bailable warrant is issued vide order dated 27.9.2022. The non bailable warrant are issued for procuring the presence of an accused and the accused has explained reasons for his non presence in the affidavit and further he has undertaken that he will remain present before the trial court on each and every date fixed. 9. Thus, the non bailable warrant dated 27.9.2022 is hereby kept in abeyance. The applicant is directed to remain present before the trial court on the next date fixed and he will keep on appearing on each and every date fixed by the trial court and will not remain absent without an application written in writing with cogent reason, failing which the trial court is at liberty to proceed in accordance with law. 10 . With the aforesaid observations, the instant application is allowed. September 24 , 2025 Anuj Singh A482 No. 8124 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench