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2025 DAILYLAW 181189 (ALL)

HARISHCHANDRA LAL SRIVASTAVA @ HARISHCHANDRA LAL @ HARISHCHAND LAL v. STATE OF U.P THRU. PRIN. SECY. HOME DEPTT. GOVT. LKO.

A482/9457/2025 · 2025-11-11

Tej Pratap Tiwari

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9457 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Abhiuday Pratap Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. The present application under Section 482 of the Code of Criminal Procedure, has been filed to quash the non-bailable warrant issued against the petitioner by the Additional Chief Judicial Magistrate-II, District Gonda in Criminal Case No. 9940 of 2009, arising out of Case Crime No. 107 of 1987 under Section 409 I.P.C. (State of U.P. Vs. Harishchandra Lal Srivastava) Police Station- Itiathok, District Gonda. 3. Learned counsel for the applicant submitted that he was released on bail by the trial court and the impugned NBW order has been passed without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant, direct NBW has been issued. Learned counsel for the applicant also submits that the applicant is an eighty one year old man and is suffering from age ailments because of his illness, he is unable to attend the Court proceedings. 4. Learned A.G.A. has opposed the application. Versus Counsel for Applicant(s) : Abhiuday Pratap Singh Counsel for Opposite Party(s) : G.A. Harishchandra Lal Srivastava @ Harishchandra Lal @ Harishchand Lal .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Deptt. Govt. Lko. .....Opposite Party(s) 5. Considering the submissions of learned counsel and perusing the record and in the interest of justice, the instant application u/s 482 Cr.P.C. is finally disposed of with a direction that in case applicant appears before the court below within four weeks from today and applies for recall of non-bailable warrant, his application shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941. 6. For a period of four weeks from today or till applicant appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance. November 11, 2025 NSC A482 No. 9457 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad, Lucknow Bench