SALAHU @ MOHD. SALAHU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/8146/2025 · 2025-09-23
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165974 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165974 (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. - 8146 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 2. Instant application under section 482 CrPC has been filed with the prayer to quash the entire proceedings arising out of charge-sheet dated 16.02.2018 (S.T. No.318/2018) filed in Crime No.0479/2017, under Sections 379, 411, 413, 414, 419, 420, 467, 468 and 471 IPC lodged at Police Station Chowk, District Lucknow, pending in the court of Special Judge, P.C.-II, Lucknow (State Vs. Deshraj and Ors.) and to stay operation of the order dated 27.08.2019 and successive orders by means of which non-bailable warrants have been issued against the applicant in the aforesaid sessions trial number. 3. It is contented by learned counsel for the applicant that an FIR was lodged against the applicant U/s 379 bearing FIR No.0479/2017 and thereafter summons were issued and in case of non-presence before the trial court; non-bailable warrants have been issued against him; on 27.08.2019 and that is still continuing and no proceeding has been undertaken U/s 82 CrPC. He submitted that in fact the applicant was in depression because of his mother and father had passed away, during Covid-19 and, therefore, he could not appear before the trial court. He undertakes that he will remain present on each & every date fixed by the trial court and will never abscond from proceedings of the trial and will cooperate with the proceedings of the trial. Thus, submissions is that order of issuing non-bailable warrants may be set- aside. 4. Learned counsel for the State has refuted the contentions aforesaid. Versus Counsel for Applicant(s) : Rakesh Sharma Counsel for Opposite Party(s) : G.A. Salahu @ Mohd. Salahu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
5. Considering the submissions advanced by learned counsel for the parties, it is apparent that the applicant is not appearing before the trial court and, therefore, non-bailable warrants have been issued against him for procuring his presence to complete the proceedings of the trial smoothly. An undertaking has been given by the applicant that he will appear on the next date fixed by the trial court and will keep on appearing on each & every date fixed and will never abscond.
The peculiar fact of the case is that father and mother of the applicant had died which is specifically mentioned in para-12 of the affidavit filed in support of the application. 6. In view of aforesaid, the impugned order of issuing non-bailable warrants dated 27.08.2019 is hereby kept in abeyance. The applicant is directed to appear before the trial court on the next date fixed and he will keep on appearing on each & every date fixed by the trial court and if he feels unable to appear, he will move an application in writing with cogent reason(s), failing which the trial court shall proceed against him, in accordance with law. 7. With the aforesaid observations/directions, the application stands disposed of. (Shree Prakash Singh,J.) September 23, 2025 MVS/- A482 No. 8146 of 2025 2
Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench