RAFI AHAMAD AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER
A482/8777/2025 · 2025-10-16
Rajeev Singh
body2025
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[ 2025 DAILYLAW 202243 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 202243 (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. - 8777 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicants, 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 12.09.2025 passed in S.T. No. 180 of 2021, (State Vs. Mohd. Anwar Ahmad & Ors.) arising out of F.I.R. No. 205 of 2020, under Section 370(5) I.P.C., P.S. GRP, District Lucknow.
3. Learned counsel for the applicants submits that the applicants were enlarged on bail, but the during the course of trial, only on one date, they could not appear and their exemption application was also rejected by the trial court. It is further submitted that the applicants are ready to cooperate in the trial on day to day basis and, therefore, they may be allowed to appear before the trial court to join the proceedings. It is, thus, submitted that the impugned order may be quashed.
4. Learned A.G.A. opposes the prayer of the applicants and submits that there is no illegality in the order passed by the trial court.
5. Considering the arguments advanced by the learned counsel for the applicants, learned A.G.A. and going through the contents of the application as well as other relevant documents, it is evident Versus Counsel for Applicant(s) : Mohd. Nafees Counsel for Opposite Party(s) : G.A. Rafi Ahamad And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another .....Opposite Party(s)
that as examination-in-chief of P.W. 6 was done, he was present before the trial court for cross-examination, but the accused applicants moved exemption application, on which, the court concerned rejected the said application and issued non-bailable warrant vide impugned order dated 12.09.2025.
6. This Court is of the view that a sympathetic approach ought to have been taken by the trial court and, therefore, the order dated 12.09.2025 issuing non-bailable warrant to the applicants is hereby quashed.
7. The application stands allowed.
8. The applicants are directed to appear before the trial court on the next date fixed and cooperate in the proceedings. October 16, 2025 VKS A482 No. 8777 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench