HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8258 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 11.09.2025 passed by Addl. Sessions Judge, Lucknow in S.T. no. 1006 of 2015; State of U.P. Vs. Akash Baksh, arising out of Case Crime No. 326 of 2011, under Section 307 IPC, Police Station Gajipur, District Lucknow. It is contended by learned counsel for the applicant that on 17th of February, 2025, Non-bailable Warrant was issued against the applicant and, thereafter, the same was challenged by way of an application U/s 482 Cr.P.C. No. 3024 of 2025, wherein the Co- ordinate Bench of this Court has passed the order on 27th of August, 2025, which is extracted as under: "1. Heard Shri Alok Kirti Mishra, learned counsel appearing for the applicant and learned Additional Government Advocate appearing for the State. 2. The instant petition under Section 482 Cr.P.C. has been filed challenging therein the charge-sheet dated 02.06.2011 filed in connection to the Case Crime No.326/2011, registered under Section 307 I.P.C. in Police Station- Ghazipur, District-Lucknow and the order dated 17.02.2025 passed by the learned Additional Sessions Judge, Court No.1, Lucknow in Sessions Trial No.1006/2015 whereby, Non-Bailable Warrant had been issued against the Versus Counsel for Applicant(s) : Alok Kirti Mishra, Dharmesh Kumar Dwivedi Counsel for Opposite Party(s): G.A. Akash Bakash .....Applicant(s) State Of U.P. Thru. Addl. A.C.S / Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) applicant. 3. Learned counsel appearing for the applicant, after arguing at some length, has submitted that the applicant is not pressing his challenge made in this application to the charge-sheet dated 02.06.2011, at this stage. He further submits that the applicant at earlier point of time, could not appear before the trial court due to Covid-19 pandemic and thereafter since he was not aware about the dates fixed in the criminal case, he did not appear. It has further been submitted that due to non-appearance of the applicant before the learned trial court, Non-Bailable Warrant had been issued on 17.02.2025. 4. Shri Alok Kirti Mishra, learned counsel for the applicant undertakes that the applicant shall appear before the learned trial court within three weeks from today and shall file an application for recall of the order dated 17.02.2025. He prays that till disposal of the application for recall of the order dated 17.02.2025, the execution of Non-Bailable Warrant issued pursuant to the order dated 17.02.2025 may be kept in abeyance. 5. Learned Additional Government Advocate appearing for the State does not have any objection in grant of the aforesaid limited relief prayed by the learned counsel for the applicant. 6. In view of the aforesaid submissions made by the learned counsel for the parties, this application is disposed of with liberty to the applicant to file an application for recall of the order dated 17.02.2025 before the learned trial court within three weeks from today and if such application is filed within three weeks, the execution of Non-Bailable Warrant issued against the applicant and consequential penal proceedings shall remain in abeyance till disposal of the application for recall of the order dated 17.02.2025." Referring the aforesaid, he submits that the applicant because of certain medical urgency, went to the hospital and could not appear at the time when the case was taken up, thus the application has been rejected. He added that there is no deliberate non-appearance before the trial court and it is due to unavoidable circumstances, as is explained in the affidavit. He submits that the order dated 11.09.2025 may be set aside and the learned trial court may be directed to consider the application of the applicant afresh. The learned AGA for the State has no objection to the contentions aforesaid. Considering the peculiar facts and circumstances of the case, the A482 No. 8258 of 2025 2 order dated 11th of September, 2025 is hereby set aside. The matter is remitted back to the trial court concerned to consider and decide the application dated 10.09.2025 of the applicant, a fresh, within a period of four weeks. For a period of four weeks, the Non-bailable Warrant dated 17th of February, 2025 shall remain in abeyance. Further provided that the applicant may press the application dated 10.09.2025 through his counsel. With the aforesaid observations, the instant application U/s 482 Cr.P.C. is disposed of. September 24, 2025 kkv/ A482 No. 8258 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench