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2025 DAILYLAW 182300 (ALL)

NISHA NIGAM v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. OF HOME AFFAIRS LKO. AND ANOTHER

/9926/2025 · 2025-11-24

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9926 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant and Sri Rao Narendra Singh, learned A.G.A. for the State-opposite party no.1. 2. The present application has been filed seeking setting aside the orders dated 16.01.2025 and 22.09.2025 passed by the Additional District & Sessions Judge, Court No.17, Lucknow in Criminal Appeal No.7 of 2024, Nisha Nigam Vs. State of U.P. and others, whereby non-bailable warrants have been issued against the applicant. 3. Learned counsel for the applicant submits that due to illness, the applicant could not appear before the appellate court and the non-bailable warrant has been issued against the applicant. He further submits that on 06.08.2025 though the appellate court has noted the fact that as per the police report, it appears that applicant is suffering from illness, therefore, she could not appear before the court, but even then non-bailable warrants have been issued against the applicant. He further submits that now applicant is ready to appear before the appellate court and will cooperate in the proceedings, therefore, the impugned orders may be recalled. 4. Considering the aforesaid facts, the applicant is directed to move an application for recall of the orders dated 16.01.2025 and 22.09.2025 before the appellate court within two weeks from today and the appellate court will consider and decide the said application within four weeks thereafter. Versus Counsel for Applicant(s) : Prateek Tewari Counsel for Opposite Party(s) : G.A. Nisha Nigam .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Of Home Affairs Lko. And Another .....Opposite Party(s) 5. For a period of six weeks from today, no coercive steps shall be adopted against the applicant in respect of the aforesaid orders. However, the applicant will not seek any adjournment in the trial. In case, the applicant seeks adjournment, the benefit of this order will not be available to her and the appellate court will be free to take coercive measures against her in accordance with law. 6. Subject to above noted terms, application is disposed of. November 24, 2025 Rao/- A482 No. 9926 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench