HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 3861 of 2025 Court No. - 27 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the appellants, learned AGA for the State respondent no.1 and perused the record. 2. Instant criminal appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been preferred against the order dated 26.09.2025, passed by the learned Special Judge (SC/ST Act), District Raebareli, in Sessions Trial No.1116 of 2020, arising out of Case Crime No.197 of 2019, under Sections 147, 323, 354, 452, 504, 506 IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(VA) of SC/ST Act, Police Station Shivratanganj, District Amethi. 3. The learned counsel for the appellants submits that in the instant case, the appellants appeared before the trial court and they were released on bail on merits. He next submits that they Versus Counsel for Appellant(s) : Dheeraj Awasthi, Shailendra Kumar Mishra Counsel for Respondent(s) : G.A. Anoop Alias Anurag Singh And 2 Others .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home, Lko And 3 Others .....Respondent(s) were summoned to face trial for aforesaid charges vide summoning order dated 06/08/2020, as well as impugned order before this Court vide Criminal Appeal No.3715 of 2025, but the same was dismissed as withdrawn vide order dated 15/11/2025. 4. He next submits that on 26/09/2025, a case was fixed for framing of charges against appellants; however, they were not present for one reason or another, and they had filed an application for exemption from personal appearance, but due to inadvertence, the application for adjournment could not be moved. Therefore, the trial court citing this reason, gave an opinion that appellants were trying to delay the proceedings of the case and framing of charges. Despite specific order of personal appearance of the appellants, they failed to appear before the trial court. Learned trial court rejected the the application for exemption from personal appearance and a Non-Bailable Warrant was issued against them. He next submitted that the appellants are giving undertaking through counsel that they would appear on any date fixed by this Hon'ble Court and the warrant issued against them may be cancelled. 5. Keeping in view of the the prayer made by learned counsel for the appellants, which is not disputed by learned AGA, no useful purpose of law would be served by keeping the appeal pending before this Court anymore. Therefore, it is directed that the appellants shall appear in-person before the court CRLA No. 3861 of 2025 2 below on 18/12/2025 and move an application for cancellation of the NBW, which may be cancelled by the learned trial court after taking an appropriate undertaking for appearance and personal bonds from them. The co-accused persons, who have not appealed against the impugned order, may also be dealt with by the trial court in the same manner if they appear before the court below and move an application for cancellation of the warrant. 6. Till the next date of listing, the NBW issued against the appellant shall remain in abeyance. 7. The appeal stands disposed off in the above manner. December 1, 2025 KR CRLA No. 3861 of 2025 3 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench