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2025 DAILYLAW 189835 (ALL)

KAMLESH KUMAR MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/9382/2025 · 2025-11-24

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9382 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application has been filed with the following prayer:- "To quash the entire proceedings of S.T. No. 263/2017, Charge Sheet no. 27/2003 dated 19.4.2003, arising out of First Information Report No. 149/2003, u/s 379/34, 41/411, 413/34 I.P.C., Police Station- Motigarpur, District- Sultanpur, pending before learned A.D.J.-4, District- Sultanpur and order dated 15.02.2023 passed by learned A.D.J.-4, District- Sultanpur." 3. Learned counsel for the applicants submits that the applicants were cooperating in the trial, but only due to mistake of the applicants' lawyer, application for exemption could not be filed before learned trial Court, hence, non bailable warrants were issued. He further submits that the applicants are ready to cooperate in the trial, hence, indulgence of this Court is required. 4. Learned A.G.A. vehemently opposes the prayer of the applicants and submits that the applicants are not cooperating in the trial. He further submits that order-sheet reveals that charge has already been framed and the applicants are sending exemption application since long, hence, no interference is required. Versus Counsel for Applicant(s) : Vijay Bahadur Singh, Ramendra Kumar Counsel for Opposite Party(s) : G.A. Kamlesh Kumar Mishra And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 5. Considering the submissions of learned counsel for the parties and perusing the record, it is evident from the order-sheet that exemption application was not given before the trial Court on the date fixed. Therefore, non bailable warrants were issued and the impugned order was passed due to negligence of the lawyer of the applicants. It is well settled that due to mistake of the lawyer, client should not suffer. 6. With above observations, this application is allowed. The impugned order dated 15.02.2023 passed by learned A.D.J.-4, District- Sultanpur is hereby set aside. 7. The applicants are directed appear before the trial Court on the date fixed. 8. The trial Court shall conclude the trial of the case in question without giving any unnecessary adjournments to either of the parties as the offence is of the year 2003. November 24, 2025 Arpan A482 No. 9382 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench