HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9539 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard. 3. This application has been filed with the following prayer:- "To quash the non bailable warrant dated 08.05.2023 issued against the applicant by learned Special Judge, N.I.A./A.T.S./Additional District and Sessions Judge, Court No.3, Lucknow." To quash the proceedings initiated against the applicant in pursuance of Case Crime No. 1342 of 1993 u/s 307, 506 I.P.C. and 3/4 of Explosive Substances Act, Police Station- Kotwali Sadar, District- Lakhimpur Kheri." 4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. The charge-sheet was submitted by the Investigating Officer for the offense u/s 307, 506 I.P.C., after that, the trial was proceeded. The witnesses of fact have not supported the prosecution version before learned trial Court. He further submits that the applicant was cooperating in the trial, but he could not appear on 08.05.2023 before the Court concerned. The file was transferred to Lucknow, but neither notice nor summon was issued to the applicant. Thereafter, non bailable warrant was issued on 08.05.2023 against the Versus Counsel for Applicant(s) : Ashok Kumar, Chandra Prakash Counsel for Opposite Party(s) : G.A. Babloddin @ Ezaz Ali .....Applicant(s) State Of U.P. Thru Principal Secretary Home And Another .....Opposite Party(s) applicant. He next submits that the applicant is not at fault as he is ready to cooperate in the trial, hence, the order dated 08.05.2023 may be set aside. 5. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that the applicant may appear before learned trial Court and move appropriate application for recall of the warrant. 6. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that the trial is going on and deposition of P.W.-1/victim is annexed with the petition, who has not supported the prosecution version. The record reveals that the file was transferred from Lakhimpur Kheri to Lucknow for trial in the Court of A.D.J., A.T.S. Therefore, the applicant could not appear before the Court concerned. The non bailable warrant was issued without examining the fact that whether the information was given to the applicant about the transfer of his case or not. Thus, this Court is of the view that the order dated 08.05.2023 is not sustainable, accordingly, the same is hereby set aside with direction to the applicant to appear before the trial Court on the date fixed and cooperate in the trial. 7. With above observations, the application is allowed. 8. The trial Court is directed to conclude the trial of the case in question without giving any unnecessary adjournments to either of the parties. November 26, 2025 Arpan A482 No. 9539 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench