Nisha Nigam Vs State of U.P. Thru. Its Prin. Secy. Home Deptt. of Home Affairs Lko. and Another — Allahabad HC (2025) — LawSathi Research

Nisha Nigam Vs State of U.P. Thru. Its Prin. Secy. Home Deptt. of Home Affairs Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: applicant to move a recall application before the appellate court within two weeks; appellate court to consider and decide it within four weeks thereafter; no coercive steps against the applicant for six weeks, conditional on her seeking no adjournment in the trial, failing which the appellate court may take coercive measures in accordance with law.

Issue for consideration

Whether the orders dated 16.01.2025 and 22.09.2025 passed by the Additional District & Sessions Judge, Court No.17, Lucknow, whereby non-bailable warrants were issued against the applicant who had been absent due to illness, should be set aside.

Ratio / Principle

The applicant is directed to move an application before the appellate court for recall of the orders dated 16.01.2025 and 22.09.2025 within two weeks from the date of this order, and the appellate court is to consider and decide that recall application within four weeks thereafter.

Key takeaways

For six weeks from the date of the order, no coercive steps shall be adopted against the applicant in respect of the aforesaid orders (the non-bailable warrants).ratio¶¶16
The six-week protection is conditional: if the applicant seeks any adjournment in the trial, the benefit of this order will not be available to her and the appellate court will be free to take coercive measures against her in accordance with law.ratio¶¶16

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (Lucknow Bench), Court No.16 — Brij Raj Singh, J. — Application u/s 482 No. 9926 of 2025, Nisha Nigam v. State of U.P. (Prin. Secy., Home) & Anr. — decided 24.11.2025. The applicant sought setting aside of orders dated 16.01.2025 and 22.09.2025 of the Additional District & Sessions Judge, Court No.17, Lucknow, in Criminal Appeal No.7 of 2024, whereby non-bailable warrants were issued against her; counsel pleaded illness-induced absence, which the appellate court itself acknowledged on 06.08.2025 per a police report, and stated she was ready to appear and cooperate. The High Court disposed of the application without itself recalling the orders: the applicant was directed to move a recall application before the appellate court within two weeks, to be considered and decided within four weeks thereafter; meanwhile, for six weeks no coercive steps were to be taken against her — conditional on her seeking no adjournment in the trial, failing which the appellate court would be free to take coercive measures in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 9926 of 2025

Nisha Nigam

.....Applicant(s)

Versus

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

Counsel for Applicant(s) : Prateek Tewari Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicant and Sri Rao Narendra Singh, learned A.G.A. for the State-opposite party no.1.

The present application has been filed seeking setting aside the orders dated 16.01.2025 and 22.09.2025 passed by the Additional District & Sessions Judge, Court No.17, Lucknow in Criminal Appeal No.7 of 2024, Nisha Nigam Vs. State of U.P. and others, whereby non-bailable warrants have been issued against the applicant.

Learned counsel for the applicant submits that due to illness, the applicant could not appear before the appellate court and the non-bailable warrant has been issued against the applicant. He further submits that on 06.08.2025 though the appellate court has noted the fact that as per the police report, it appears that applicant is suffering from illness, therefore, she could not appear before the court, but even then non-bailable warrants have been issued against the applicant. He further submits that now applicant is ready to appear before the appellate court and will cooperate in the proceedings, therefore, the impugned orders may be recalled.

Considering the aforesaid facts, the applicant is directed to move an application for recall of the orders dated 16.01.2025 and 22.09.2025 before the appellate court within two weeks from today and the appellate court will consider and decide the said application within four weeks thereafter.

A482 No. 9926 of 2025

2

For a period of six weeks from today, no coercive steps shall be adopted against the applicant in respect of the aforesaid orders. However, the applicant will not seek any adjournment in the trial. In case, the applicant seeks adjournment, the benefit of this order will not be available to her and the appellate court will be free to take coercive measures against her in accordance with law.

Subject to above noted terms, application is disposed of.

(Brij Raj Singh,J.)

November 24, 2025

Rao/-

Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench