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2025 DAILYLAW 187386 (ALL)

MITRASEN SINGH v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. U.P. AND ANOTHER

/3009/2025 · 2025-11-20

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 3009 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed for quashing the non-bailable warrant dated 05.04.2024 issued in Gangster Case No. 311 of 2010 arising out of Case Crime No. 1049 of 2009, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S. Ram Sanehi Gaht, District Barabanki. 3. Learned counsel for the applicant submits that applicant was awarded life imprisonment vide judgment and order dated 31.07.2012 passed in S.T. No. 86 of 2001 arising out of Case Crime No. 49 of 2001, under Sections 302 read with Section 34 I.P.C., P.S. Akbarpur, District Ambedkar Nagar. It is further submitted that the applicant was enlarged on bail in the said case, i.e., S.T. No. 86 of 2001 on 02.05.2022 from Central Jail, Varansi. It is also submitted that vide impugned order dated 05.04.2024, non-bailable warrant/proceeding of Section 82 Cr.P.C. was issued against the applicant in the present case, due to his absence before the trial court. However, as he was in jail upto 02.05.2022 in relation to S.T. No. 86 of 2001, he was not aware about the trial of the case in question and no notice was ever served on him. Submission of the learned counsel for the applicant is that the Versus Counsel for Applicant(s) : Indu Prakash Singh Counsel for Opposite Party(s) : G.A. Mitrasen Singh .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. U.P. And Another .....Opposite Party(s) applicant is ready to cooperate in the trial of the case in question and, thus, prays that the impugned order dated 05.04.2024 and its consequential orders may be quashed. 4. Learned A.G.A. opposes the prayer of the applicant, but does not dispute the report of Senior Superintendent of Police, Central Jail, Varansi dated 07.12.2023 (Annexure 5 to the application) that the applicant was enlarged on bail in S.T. No. 86 of 2001 (supra) from Central Jail, Varansi on 02.05.2022. 5. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R. as well as other relevant documents, it is evident that the applicant was not aware of the trial of the case in question, due to which, he could not appear before the trial court. It is also evident that the without obtaining any report from the authority concerned, the trial court passed the impugned order. 6. In view of above facts and circumstances as well as the submission of the learned counsel for the applicant that the applicant is ready to cooperate in the trial, the impugned order dated 05.04.2024 is hereby quashed. 7. The application stands allowed. 8. The applicant is directed to appear before the trial court within a period of one week from today and cooperate in the trial. 9. Trial court is directed to conclude the trial expeditiously, in accordance with law. November 20, 2025 VKS A482 No. 3009 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench