HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9838 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard. 2. This application has been filed with the following prayer:- "To recall/quash the non-bailable warrant issued against the petitioner by the Court of learned Additional Chief Judicial Magistrate II, District Gonda, in Criminal Case No. 9938/2009, arising out of Case Crime No. 99/1983, U/s 409/467/468/471 I.P.C. (State of U.P. vs. Harishchandra Lal Shrivastava), P.S. Nawabganj, District Gonda." 3. Learned counsel for the applicant submits that the applicant was falsely implicated in the present case. The charge-sheet was submitted by the Investigating Officer. The applicant was enlarged on bail. The applicant was appearing before learned trial Court upto 2009. As the original F.I.R. and the case diary were not available on the record, order was passed by learned trial Court for producing original F.I.R. as well as complete case diary, but the same was not being produced, and only general dates were being given. The non bailable warrant was issued against the applicant. It is further submitted that questionnaire was also obtained from the Court concerned in relation to the availability of the F.I.R. as well as the case diary, but reply was given that the F.I.R. and the case diary are not available on record. It is lastly submitted that the matter is related to the year 1983 and Versus Counsel for Applicant(s) : Abhiuday Pratap Singh Counsel for Opposite Party(s) : G.A. Harishchandra Lal Srivastava @ Harishchandra Lal @ Harishchand Lal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) presently, the applicant is aged about 81 years, hence, indulgence of this Court is required. 4. Learned A.G.A. vehemently opposes the prayer of the applicant. He submits that if the F.I.R. and the case diary are not available, even then, the applicant had to appear before learned trial Court, but he is not appearing after 03.12.2009, hence, no interference is required. 5. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that the offense is of the year 1983. The order-sheet reveals that the applicant was appearing before the trial Court and he was enlarged on bail. It is also evident from the order-sheet as well as the questionnaire that the original F.I.R. and the case diary are not available in the record of the Court concerned. Repeated directions were issued by the trial Court to the authorities for producing original F.I.R. and the case diary. Therefore, this Court is of the view that once original F.I.R. and case diary are not available on record, attendance of the applicant is not required. Accordingly, the order dated 03.12.2009 is hereby set aside. 6. It is open to the applicant to move exemption application before the trial Court till availability of the original F.I.R. and the case diary. In case such application is moved, same shall be considered and decided by a reasoned and speaking order. 7. With the above directions, the application is disposed of. December 10, 2025 Arpan A482 No. 9838 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench