Dismissed

Ashok Kumar Yadav v. State of U.P. and Another

Allahabad HC11 Sept 2025NA528/35052/2025

Case brief

AI extract

What is this about?

Applicant sought quashing of non-bailable warrants and charge-sheet in a 1994 road accident case, explaining his absence as due to his counsel's death. The Court found the NBWs lawful given his failure to cooperate with the trial since 1994 and dismissed the application without indulgence.

What the court decided

AI extract

Ashok Kumar Yadav Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 35052 of 2025

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Ashok Kumar Yadav

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.....Applicant(s)

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Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Girish Chandra Yadav
Counsel for Opposite Party(s) :	G.A.

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Court No. - 51

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(SL No.243)

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HON'BLE ANISH KUMAR GUPTA, J.

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Heard Sri Girish Chand Yadav, learned counsel for the applicant and Sri Vijay Kumar Singh, learned A.G.A. for the State.

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The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the Non-Bailable Warrants dated 08.08.2008 and 18.08.2025 as well as the charge-sheet dated 09.11.1994 passed in Case No. 5110 of 2012 (State vs. Ashok Yadav), arising out of First Information Report/Case Crime No. 279 of 1994 dated 08.10.1994 under Sections 279, 304-A & 338 I.P.C., P.S.- Rohaniya, District- Varanasi.

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Learned counsel of the applicant submits that in the instant case the applicant herein was charge-sheeted for the offences under Section 279, 304-A and 338 I.P.C. way back on 09.01.1994 and was granted bail vide order dated 20.10.1994. Since thereafter, he did not cooperate with the trial court in the case and thereupon, non-bailable warrants were issued against the applicants on 08.08.2008. Since then, the matter is pending and the applicant did appear before the trial court. It is submitted by learned counsel for the applicant that since the counsel for the applicant engaged to appear before the trial court had died and no information was received for his appearance, therefore, he did not appear before the trial court. It is further submitted that if an opportunity is given he will surrender before the trial court, however, learned counsel for the applicant

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NA528 No. 35052 of 2025

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seeks indulgence that his bail application be considered on same date.

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Per contra , learned A.G.A. for the State vehemently opposed the prayer made by learned counsel for the applicant by submitting that the instant case is pending since, 1994 and due to non-cooperation of the applicant, the trial could not proceed for about 31 years. Thus, nonbailable warrants were issued against the applicant. However, since his whereabouts were not known, the same could not be executed against him. Thus, it was a deliberate attempt on behalf of the applicant to delay the trial.

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Having heard the rival submissions so made by learned counsels for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that in the instant case F.I.R. and the charge-sheet was submitted in the year 1994 itself and applicant was granted bail on 20.10.1994. Since then, he has failed to cooperate with the trial. Therefore, this Court do not find any illegality in the order dated 08.08.2008, whereby the NBW were issued against the applicant. Even after that, after seventeen years he has approached this Court for seeking indulgence.

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In view thereof, this Court do not find any good reason to entertain the instant application or grant any indulgence whatsoever in favour of the applicant. In view thereof, the instant application is dismissed .

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(Anish Kumar Gupta,J.)

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September 12, 2025 Shubham Arya

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Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad

Ashok Kumar Yadav v. State of U.P. and Another

Case brief

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Ashok Kumar Yadav v. State of U.P. and Another

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