SAID AHMAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO AND ANOTHER
A482/8282/2025 · 2025-10-08
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 200017 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200017 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8282 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application has been filed with the following prayer:-
"To quash the charge-sheet no.88 submitted in Case Crime No. 152/90 u/s 279, 304-A I.P.C., Police Station- Tulsipur, District- Gonda; to quash the summoning order dated 28.06.1991 passed by J.M.-I, Balrampur; to quash the order dated 14.08.2014 passed by J.M.-I, Balrampur by means of which learned trial Court issued non bailable warrant; to quash the order dated 07.05.2025 passed by learned A.C.J.M., Balrampur by means of which learned trial Court issued the proclamation under Section 82 of Cr.P.C.; to quash the proceedings of Crl. Case No. 370/92."
3. Learned counsel for the applicant submits that the applicant was falsely implicated in the crime in question with the allegation that he was involved in the alleged motor accident. The charge-sheet dated 14.10.1990 was submitted under Sections 279 and 304-A I.P.C.. He further submits that the applicant sold out the house, hence, neither the summon nor the notice was served upon him. Thereafter, non bailable warrant was issued against the applicant on 14.08.2014 and order was also passed under Section 82 Cr.P.C. on 07.05.2025. He next submits that the applicant is ready to cooperate in the trial and he never thought to disobey the directions of learned trial Court. He also submits that the Versus Counsel for Applicant(s) : Shashank Srivastava, Padum Nath Mishra, Vijayendra Prakash Tripathi Counsel for Opposite Party(s) : G.A. Said Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another .....Opposite Party(s)
order dated 14.08.2014 and 07.05.2025 may be set aside with liberty to the applicant to appear before learned trial Court and to apply for bail. 4. Learned A.G.A. vehemently opposes the prayer of the applicant. He submits that the alleged crime in question is of the order 1990. However, he does not dispute the fact that the alleged offenses are bailable in nature. 5. Considering the submissions of learned counsel for the parties and perusing the pleadings, it is evident that the applicant has sold out his house, hence, neither the summon nor the warrant was served upon him, due to which, he could not appear before the trial Court.
The alleged offenses are bailable and triable by the Magistrate. Therefore, this Court is of the view that the orders dated 14.08.2014 and 07.05.2025 are bad in the eye of law, accordingly, the said orders are set aside with liberty to the applicant to appear before the trial Court on 17.11.2025 and to apply for bail. 6. Till the date of appearance of the applicant before the trial Court, no coercive action be taken against him. 7. With above directions, this application is disposed of. October 8, 2025 Arpan A482 No. 8282 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench