Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
C-528 No. 196 of 2026 Hon’ble Alok Mahra, J.
Mr. Parikshit Saini, learned counsel for the applicant.
2. Mr. S.C. Dumka, learned A.G.A. for the State.
3. Mr. Gaurav Singh, learned counsel for the complainant.
4. Present C-528 application is filed with the prayer to set-aside/quash the order dated 04.12.2025 and 29.01.2026 passed by 1st Additional Sessions Judge, Roorkee, District Haridwar in Session Trial No. 82 of 2024, State Vs. Akil @ Bhuttu and Others and the entire proceedings arising out from it.
5. In this case, applicant filed anticipatory bail in relation to the Case Crime No. 1108 of 2025, registered at Police Station–Manglaur, District Haridwar, which was dismissed by this Court on 27.11.2025 qua the applicant. Thereafter, before the trial court, the date was fixed for 04.12.2025. On that date, the applicant did not appear before the trial court. Since, the applicant was not present on 04.12.2025, the 1st Additional District and Sessions Judge, Roorkee, District Haridwar issued bailable warrant of Rs. 50,000/- against the applicant. Thereafter, the Trial Court’s date was listed for 29.01.2026 and the Court issued non-bailable warrant
against the applicant.
6.
Learned counsel for the applicant submits that the bailable warrant, which was ordered to be issued against the applicant vide order dated 04.12.2025, was never issued by the court and as such the applicant had no knowledge of the issuance of bailable warrant on the next date fixed in the matter. As such, he could not put his appearance before the Trial Court on the next date fixed i.e. on
29.01.2026.
7.
Learned counsel for the applicant further submits that since the bailable warrant was not issued to the applicant on 04.12.2025 and, as such, he had no knowledge of the same, therefore, there was no occasion for the applicant to appear on 29.01.2026 before the Trial Court and the court concerned should have first verified whether the bailable warrant issued on 04.12.2025 were ever issued and served upon the applicant before passing the non-bailable warrant.
8. To this, Mr. Gaurav Singh, learned counsel appearing for the complainant submits that after rejection of his anticipatory bail, the applicant was fully aware of all the consequences of the trial and he deliberately absent himself.
9. Heard learned counsel for the parties and perused the records.
10. Considering the
submissions of
learned counsel for the parties and after perusal of the records, the orders dated
04.12.2025 and 29.01.2026 passed by 1st Additional Sessions Judge, Roorkee, District Haridwar in Session Trial No. 82 of 2024, State Vs. Akil @ Bhuttu and Others are hereby cancelled and the applicant is
directed to appear before the court of Additional District and Sessions Judge on the next date fixed in the matter.
11. With the above observation, the present criminal misc. application stands
disposed of accordingly.
(Alok Mahra J.)
18.02.2026 Ujjwal