ARUN KUMAR vs THE STATE GOVT. OF NCT OF DELHI AND ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 30.05.2025 CRL.M.C. 3999/2025, CRL.M.A. 17423/2025 & CRL.M.A. 17422/2025 ARUN KUMAR .....Petitioner Through: Mr. Aman Mehta, Advocate. versus THE STATE GOVT. OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Vikash and ASI Dev Kumar, PS Naraina. CORAM: JUSTICE GIRISH KATHPALIA JUDGMENT (ORAL) 1. The petitioner/accused has assailed order dated 26.04.2025 of learned Trial Magistrate, whereby non-bailable warrants against the petitioner/accused were ordered as neither he nor his counsel on record appeared; and order dated 21.05.2025, whereby application for cancellation of non-bailable warrants was dismissed. 2. Learned APP for State accepts notice and in all fairness submits that subject to cost, the petition can be allowed. CRL.M.C. 3999/2025 pages GIRISH KATHPALIA 3. It appears that on 26.04.2025, trial in the case FIR No. 193/2014 of PS Naraina for offence under Section 279/338 IPC was listed before the Trial Court, but neither the petitioner/accused nor his counsel on record appeared, though the prosecution witness was present. As noted by the learned Trial Court, the said witne