Section 482 petition challenging non-bailable warrants issued in a cheque-dishonour complaint after the petitioner failed to appear without seeking exemption. The High Court found no illegality and dismissed the petition.
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Neutral Citation No. - 2025:AHC-LKO:7269
Court No. - 16
Case :- APPLICATION U/S 482 No. - 824 of 2025 Applicant :- Braj Bandhu Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Jay Narayan Mishra,Govind Kumar,Preeti Yadav,Sandeep Rawat
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
Supplementary affidavit as well as amendment application filed by learned counsel for the petitioner is taken on record.
Notice to respondent no. 2 is dispensed with in view of the proposed order.
Under challenge is the order dated 18.09.2024 passed in complaint No. 1510 of 2024 "Hari Shankar Mishra Vs. Brij Badhu Singh" under Section 138 of N.I. Act.
Learned counsel for the petitioner submits that straightway nonbailable warrants have been issued by the learned court below which could not have been done.
Perused the record.
From perusal of the record, it appears that the petitioner was granted bail on 31.10.2019. Apart from the impugned order, no other orders issued by the trial court have been annexed by the learned counsel for the petitioner. Since the petitioner was not present on 18.09.2024 and no application for exemption from appearance was filed, the learned court below issued nonbailable warrants.
There appears to be no illegality in the order impugned. The petition being devoid of merits is dismissed .
Pending application, if any, stands disposed of.
Order Date :- 5.2.2025/R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether issuance of non-bailable warrants by the court below against the petitioner on 18.09.2024 was illegal.
1 provisions across 1 enactments
Braj Bandhu Singh
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
