Kamal Khullar Vs State of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Kamal Khullar Vs State of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Three weeks' time to appear before the Court below and move an application for recall/cancellation of the non-bailable warrant order dated 04.12.2024; meanwhile no coercive action shall be taken against the applicant in the aforesaid case.

Issue for consideration

Whether the non-bailable warrant order dated 04.12.2024 issued by the Additional District Judge, P.C.05, Lucknow in S.T. Trial No.569 of 2013 (State versus Kamal Khullar and another), arising from Case Crime No.167 of 2012 under Sections 379, 411, 413, 414, 420, 467 and 468 IPC, Police Station Vibhuti Khand, District Lucknow, together with the entire proceedings of that case, should be quashed pursuant to Section 482 CrPC.

Court's answer

Three weeks' time is granted to the applicant to appear before the Court below and move an application for recall or cancellation of the impugned non-bailable warrant order dated 04.12.2024, rather than the Court quashing the warrant order or proceedings itself.

Ratio / Principle

Meanwhile, i.e., during the intervening period before the applicant approaches the Court below for recall, no coercive action shall be taken against the applicant in the aforesaid case.

Key takeaways

With the aforesaid directions (three weeks' grace to seek recall of the warrant order, and interim suspension of coercive action), the present Section 482 application is disposed of.ratio¶17

Detailed headnote1 paragraphs

CrPC s.482 - Quashing of non-bailable warrant order dated 04.12.2024 issued by Additional District Judge, P.C.05, Lucknow in S.T. Trial No.569 of 2013 (State v. Kamal Khullar and another), arising from Case Crime No.167 of 2012 under IPC ss.379, 411, 413, 414, 420, 467, 468, PS Vibhuti Khand, District Lucknow. Witnesses had not appeared between 18.11.2024 and 28.11.2025 and the applicant had not moved any recall application before the trial court. The High Court did not itself quash the warrant order or proceedings; it granted the applicant three weeks to appear before the Court below and seek recall/cancellation of the warrant order, ordered that meanwhile no coercive action be taken against him, and disposed of the application. (Judge: Divesh Chandra Samant, J.; decision dated December 15, 2025.)

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 10565 of 2025

Kamal Khullar

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Lko. And Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Anuj Mishra
Counsel for Opposite Party(s)	: G.A.

Court No. - 29

HON'BLE DIVESH CHANDRA SAMANT, J.

Heard learned counsel for the applicant; learned AGA for State and perused the record.

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the impugned non-bailable warrant order dated 04.12.2024 in Case Crime No.167 of 2012, under Sections 379, 411, 413, 414, 420, 467 and 468 IPC, Police Station Vibhuti Khand, District Lucknow, passed by Additional District Judge, P.C.05, Lucknow, in S.T. Trial No.569 of 2013, (State versus Kamal Khullar and another), and also quash the entire proceedings of the aforesaid case.

It appears that the case was pending at the state of evidence but the witnesses was not appearing before the Court from 18.11.2024 to 28.11.2025. Certified copy of the order sheet from 18.11.2024 to 28.11.2025 has been annexed as annexure no.1 to this application. No recall application has been moved against the impugned non-bailable warrant order dated 04.12.2024 by the applicant before the Court below.

Learned counsel for the applicant submitted that applicant may be granted some time to appear before the Court below to recall the impugned nonbailable warrant order dated 04.12.2024.

Accordingly, three weeks time is granted to the applicant to appear before the Court below and move an application for recall or cancellation of the impugned non-bailable warrant order dated 04.12.2024.

A482 No. 10565 of 2025

2

Meanwhile, no coercive action shall be taken against the applicant in the aforesaid case.

With the aforesaid direction, the present application is disposed of.

December 15, 2025 I.A. Siddiqui

(Divesh Chandra Samant,J.)

Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad, Lucknow Bench