Hemant Kumar Verma vs State Of U.P. And Another
- Neutral2026:AHC:105904
Ratio decidendi
The rule this decision rests on
Where an accused fails to appear before the court and a non-bailable warrant is issued against him, the High Court may, in exercise of its inherent powers, stay the execution of such warrant for a limited period and direct the accused to move an application for recall of the warrant before the trial court, which application shall be considered and disposed of expeditiously in accordance with law. Upon default by the accused in complying with such direction, the interim protection granted by the High Court shall stand automatically vacated and the trial court shall be free to proceed against the accused in accordance with law.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
2. This application has been filed by the applicant to quash the impugned orders dated 07.03.2026 and 25.03.2026 passed by the learned Ist Additional Chief Judicial Magistrate, Jhansi, in Complaint No. 3026/2020 (Arti Sahu Vs. Hemant Kumar Verma), under Section 138 Negotiable Instruments Act, Police Station Premnagar, District Jhansi.
3. From the record, it transpires that on account of the failure of the applicant to appear before the court below, non-bailable warrant has been issued against the applicant by the court below vide order dated 07.03.2026.
4. Learned counsel for the applicant submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicant to appear before the court below.
5. Considering the facts and circumstances of the case, it is provided that the applicant shall appear before the court concerned within three weeks from today and moves an application for recall of non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law.
6. For a period of three weeks, the execution of non bailable warrant issued against the applicant shall remain stayed.
7. In case of default, the interim protection granted by this Court shall stand automatically vacated and the court below shall be free to proceed against the applicant in accordance with law.
8. With the aforesaid direction, the 482 application is finally disposed off.
(Deepak Verma,J.)
May 7, 2026
Meenu Singh
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