Avdhesh Kumar @ Lallu and Another vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2026) — LawSathi Research

Avdhesh Kumar @ Lallu and Another vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: applicants to appear before the trial court and move an application for recall/cancellation of the non-bailable warrant within two weeks; trial court to decide such application within two weeks thereafter in light of Pradeep Agnihotri (supra); non-bailable warrant stayed till expiry of four weeks or till disposal of the said application; applicants to cooperate in the proceedings.

Issue for consideration

Whether the order issuing non-bailable warrant dated 5.10.2023 passed by the Judicial Magistrate, Safipur, Unnao, and the entire proceedings of Complaint Case no.3640 of 2022 against the applicants, should be quashed.

Court's answer

The applicants are directed to appear before the trial court and move an application for recall/cancellation of the order issuing the non-bailable warrant within two weeks.

Ratio / Principle

If such an application is moved, the trial court shall decide it within two weeks thereafter in the light of the judgment in Pradeep Agnihotri (supra).

Key takeaways

Till expiry of four weeks or till disposal of the recall/cancellation application, the non-bailable warrant issued against the applicants shall remain stayed.ratio¶17
The applicants must cooperate in the proceedings and not seek unnecessary adjournments; in case they do not cooperate, the court below will be at liberty to take appropriate steps in accordance with law.ratio¶17

Detailed headnote1 paragraphs

Criminal miscellaneous — Application U/S 482 — quashing of non-bailable warrant dated 5.10.2023 issued by the Judicial Magistrate, Safipur, Unnao in Complaint Case no.3640 of 2022 (Baburam vs. Ramautar and others) under Sections 392, 323, 504, 506 IPC, P.S. Makhi, District Unnao — applicants contended they were regularly appearing since 2010 after bail and that the NBW was issued directly without a bailable warrant — Court did not quash the NBW or proceedings; disposed of the application with directions to the applicants to appear before the trial court and move a recall/cancellation application within two weeks, the trial court to decide it within two weeks thereafter in the light of Pradeep Agnihotri, 2024:AHC-LKO:20764 — NBW stayed till expiry of four weeks or till disposal of the recall application — applicants to cooperate and not seek unnecessary adjournments, failing which the court below is at liberty to take appropriate steps in accordance with law. (Brij Raj Singh, J.; March 18, 2026)

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 2326 of 2026

Avdhesh Kumar @ Lallu And Another

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko.

.....Opposite Party(s)

Counsel for Applicant(s) : Manoj Kumar Singh, Satendra Singh Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicants and learned AGA for the State.

This application has been filed seeking quashing of the order of non bailable warrant dated 5.10.2023 passed by the Judicial Magistrate, Safipur, Unnao in Complaint Case no.3640 of 2022 (Baburam vs. Ramautar and others) under Sections 392, 323, 504, 506 IPC, Police Station Makhi, District Unnao and entire proceedings of the case in pursuance thereof against the applicants, pending in the court of Judicial Magistrate, Safipur, Unnao.

It has been submitted by learned counsel for the applicants that before 5.10.2023, applicants were regularly appearing before the trial court since 2010 after the bail was granted by the court. It has been further submitted that on 5.10.2023, the Magistrate without issuing bailable warrant against the applicants, has directly issued non bailable warrant. He submits that the issuance of non bailable warrant was not in the knowledge of the applicants. Learned counsel for the applicants has submitted that the applicants are ready to cooperate in the trial and they will appear before the court below and file an application for recall/cancellation of non bailable warrant issued against them, which may be directed to be decided. Learned counsel for the applicants has placed reliance upon the judgement of this Court in Pradeep Agnihotri vs. State of U.P. and another, 2024:AHC-LKO:20764 .

Considering the facts and circumstances of the case, the applicants are

A482 No. 2326 of 2026

2

directed to appear before the trial court and move an application for recall/cancellation of the order issuing non bailable warrant within a period of two weeks from today and if such an application is moved, the same shall be decided by the trial court within two weeks thereafter in the light of the judgment in the case of Pradeep Agnihotri (supra). The applicants will cooperate in the proceedings and will not seek unnecessary adjournment in future and in case they do not cooperate, the court below will be at liberty to take appropriate steps in accordance with law. Till expiry of four weeks or till disposal of the said application, non bailable warrant issued against the applicants shall remain stayed.

5. The applicant stands disposed of .

(Brij Raj Singh,J.)

March 18, 2026 Sachin

Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench