Mitrasen Singh Vs State of U.P. Thru. Its… — Murder and Culpable Homicide | Allahabad HC (2025)

Mitrasen Singh Vs State of U.P. Thru. Its… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application allowed; impugned order dated 05.04.2024 (non-bailable warrant and its consequential orders) quashed; applicant directed to appear before the trial court within one week and cooperate in the trial; trial court directed to conclude the trial expeditiously in accordance with law.

Issue for consideration

Whether the non-bailable warrant dated 05.04.2024 and its consequential orders issued against the applicant in Gangster Case No. 311 of 2010 (due to his absence before the trial court, he having been in custody in S.T. No. 86 of 2001 until 02.05.2022 and allegedly unaware of the trial) ought to be quashed.

Court's answer

It is evident that the applicant was not aware of the trial of the case in question, due to which he could not appear before the trial court.

Ratio / Principle

The trial court passed the impugned order without obtaining any report from the authority concerned.

Key takeaways

In view of the facts and circumstances, and the applicant's submission that he is ready to cooperate in the trial, the impugned order dated 05.04.2024 is quashed.ratio¶18
The applicant is directed to appear before the trial court within a period of one week and cooperate in the trial.ratio¶20
The trial court is directed to conclude the trial expeditiously, in accordance with law.ratio

Detailed headnote1 paragraphs

Quashing of non-bailable warrant dated 05.04.2024 issued in Gangster Case No. 311 of 2010 (Case Crime No. 1049 of 2009, Section 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S. Ram Sanehi Gaht, District Barabanki) along with consequential Section 82 Cr.P.C. proceedings. The applicant, serving a life sentence awarded on 31.07.2012 in S.T. No. 86 of 2001 (Sections 302/34 I.P.C.), was enlarged on bail therein on 02.05.2022 from Central Jail, Varanasi ('Varansi'); his absence from the gangster trial was attributable to his custody elsewhere, no notice had been served on him, and the trial court had issued the warrant without obtaining any report from the authority concerned. The High Court (Rajeev Singh, J.), noting the A.G.A.'s non-dispute of the jail report dated 07.12.2023 and the applicant's readiness to cooperate, quashed the impugned order, directed the applicant to appear before the trial court within one week, and directed expeditious conclusion of the trial.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 3009 of 2025

Mitrasen Singh

.....Applicant(s)

Versus

State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. U.P. And Another .....Opposite Party(s)

Counsel for Applicant(s) Counsel for Opposite Party(s)	: Indu Prakash Singh : G.A.

Court No. - 14

HON'BLE RAJEEV SINGH, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

This application has been filed for quashing the non-bailable warrant dated 05.04.2024 issued in Gangster Case No. 311 of 2010 arising out of Case Crime No. 1049 of 2009, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S. Ram Sanehi Gaht, District Barabanki.

Learned counsel for the applicant submits that applicant was awarded life imprisonment vide judgment and order dated 31.07.2012 passed in S.T. No. 86 of 2001 arising out of Case Crime No. 49 of 2001, under Sections 302 read with Section 34 I.P.C., P.S. Akbarpur, District Ambedkar Nagar. It is further submitted that the applicant was enlarged on bail in the said case, i.e., S.T. No. 86 of 2001 on 02.05.2022 from Central Jail, Varansi. It is also submitted that vide impugned order dated 05.04.2024, non-bailable warrant/proceeding of Section 82 Cr.P.C. was issued against the applicant in the present case, due to his absence before the trial court. However, as he was in jail upto 02.05.2022 in relation to S.T. No. 86 of 2001, he was not aware about the trial of the case in question and no notice was ever served on him. Submission of the learned counsel for the applicant is that the

A482 No. 3009 of 2025

2

applicant is ready to cooperate in the trial of the case in question and, thus, prays that the impugned order dated 05.04.2024 and its consequential orders may be quashed.

Learned A.G.A. opposes the prayer of the applicant, but does not dispute the report of Senior Superintendent of Police, Central Jail, Varansi dated 07.12.2023 (Annexure 5 to the application) that the applicant was enlarged on bail in S.T. No. 86 of 2001 (supra) from Central Jail, Varansi on 02.05.2022.

Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R. as well as other relevant documents, it is evident that the applicant was not aware of the trial of the case in question, due to which, he could not appear before the trial court. It is also evident that the without obtaining any report from the authority concerned, the trial court passed the impugned order.

In view of above facts and circumstances as well as the submission of the learned counsel for the applicant that the applicant is ready to cooperate in the trial, the impugned order dated 05.04.2024 is hereby quashed.

The application stands allowed.

The applicant is directed to appear before the trial court within a period of one week from today and cooperate in the trial.

Trial court is directed to conclude the trial expeditiously, in accordance with law.

(Rajeev Singh,J.)

November 20, 2025

VKS

Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench