Dismissed¶18

Kutubuddin @ Kuvuddin v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC16 Apr 2026A482/2960/2026

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench; Subhash Vidyarthi, J.; Application U/S 482 No. 2960 of 2026; Section 482 Cr.P.C.; non-bailable warrant; NBW recall; bail; Sections 380, 411 IPC; Case Crime No. 347 of 1992; Criminal Case No. 11755 of 1992; Chief Judicial Magistrate Lucknow; P.S. Gomti Nagar; paralysis claim unsubstantiated; attendance not proved; dismissed; April 16, 2026.

What did the court decide?

The Court found no good ground to interfere with the trial court's order issuing the non-bailable warrant against the applicant. ¶15

Kutubuddin @ Kuvuddin vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2026) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

¶2

APPLICATION U/S 482 No. - 2960 of 2026

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Kutubuddin @ Kuvuddin

¶4

.....Applicant(s)

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Versus

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

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.....Opposite Party(s)

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Counsel for Applicant(s) : Jaikaran, Madhur Kumar Counsel for Opposite Party(s) : G.A.

¶9

Court No. - 14

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Shri Jaikaran, the learned counsel for the applicant and Shri Mayank Sinha, the learned AGA for the State of U.P.

¶12

By means of the instant petition filed under Section 482 Cr.P.C., the applicant has challenged the validity of an order dated 05.10.2016 passed by the learned Chief Judicial Magistrate, Lucknow in Criminal Case No.11755 of 1992 arising out of Case Crime No.347 of 1992 under Sections 380, 411 IPC registered at Police Station- Gomti Nagar, District- Lucknow whereby the non-bailable warrant was issued against the applicant upon his nonappearance.

¶13

The applicant was enlarged on bail in the aforesaid case by means of an order dated 08.02.1993. Although it has been stated in paragraph-8 of the affidavit filed in support of the application that the applicant had been regularly appearing before the trial Court but he could not appear on 15.10.2016 as he had suffered paralysis, there is nothing on record to substantiate this fact.

¶14

Therefore, this Court is unable to ascertain from the material available on record whether the applicant has appeared before the trial Court after his release on bail in the year 1993 till issuance of non-bailable warrant on 15.10.2016 or not.

¶15

In these circumstances, this Court finds no good ground to interfere in the order passed by the trial court issuing non-bailable warrant against the applicant.

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A482 No. 2960 of 2026

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¶18

Accordingly, the present application filed under Section 482 Cr.P.C. is dismissed .

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In case the applicant appears before the trial Court and files an application for recall of non-bailable warrant/release on bail, the same shall be considered and decided expeditiously in accordance with law.

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April 16, 2026 -Amit K-

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(Subhash Vidyarthi,J.)

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

Kutubuddin @ Kuvuddin v. State of U.P. Thru. Prin. Secy. Home Lko.

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Kutubuddin @ Kuvuddin v. State of U.P. Thru. Prin. Secy. Home Lko.

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