VIKRAM SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND ANOTHER
A482/8374/2025 · 2025-09-26
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167827 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167827 (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. - 8374 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record. Instant application has been filed with the prayer to quash the impugned revisional court's order dated 28.8.2025 passed by the court of Additional Sessions Judge/F.T.C. First, Raebareli in Criminal Revision No.143 of 2024, Vikram Singh Vs. State of U.P. and another, and impugned N.B.W. order dated 12.9.2025 passed by the court of Second Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Raebareli in Case No.8620 of 2021, State of U.P. Vs. Bajrang Bahadur Singh and others) arising out of Case Crime No.316 of 2020 under Section 420 & 424 I.P.C. Police Station Gadaganj, District Raebareli by which learned Magistrate has issued N.B.W. order against the applicants/petitioners. It is argued by learned counsel for the applicants that against the order of cognizance and summoning the applicants approached the revisional court wherein the revisional court remitted back the matter to the trial court and thereafter, again summoning and cognizance order was passed by the trial court which was challenged before the revisional court. He added that the matter was again remitted back by the revisional court to the trial court and on the date fixed, i.e, on 12.9.2025, the non bailable warrant has been issued. He submitted that the applicants undertake that they will remain present on each and every date fixed and never absconded from the same. He submits that the order for non-bailable warrant may be set aside. Versus Counsel for Applicant(s) : Vyas Narayan Shukla Counsel for Opposite Party(s) : G.A. Vikram Singh And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And Another .....Opposite Party(s)
On the other hand, learned A.G.A. for the State has opposed the contention aforesaid. Considering the submissions of the learned counsel for the applicants and after perusal of the record, it transpires that the applicants have been enlarged on bail and non-bailable warrant has been issued on 19.5.2025 to procure their presence and at this stage, the applicants have undertaken that due to unavoidable circumstances, they could not appear before the trial court and they will appear on each and every date fixed and never abscond from the trial proceedings.
In view of the aforesaid undertaking given by the applicants, the non- bailable warrant is kept in abeyance. The applicants are hereby directed to appear before the trial court on the next date fixed and they 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 applicants in accordance with law. In view of the aforesaid observation, instant application is hereby disposed of at the admission stage. September 26, 2025 Ram Murti A482 No. 8374 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench