Neutral Citation No. - 2025:AHC:39700 Court No. - 52 Case :- APPLICATION U/S 482 No. - 40801 of 2024 Applicant :- Aadhya Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jawahar Lal Yadava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Vijay Bahadur Yadav, Advocate holding brief of Mr. Jawahar Lal Yadav, learned counsel for the applicant, Mr. Deepak Kapoor, learned A.G.A. for the State and perused the record. 2. This application U/S 482 Cr.P.C. has been filed to quash the notice dated 24.04.2024 under Section 82 Cr.P.C. issued by the Judicial Magistrate, Court No.26, Azamgarh in Case No. 3755 of 2024 (State Vs. Sanjana and others), arising out of Case Crime No. 280 of 2022, under Sections 420, 406, 504 I.P.C., Police Station Pawai, District Azamgarh. 3. Learned counsel for the applicant submits that the house in question where the notices has been pasted belongs to the applicant, who is neither named in the F.I.R. nor has been charge- sheeted. He further submits that it is the son and daughter-in-law of the applicant against whom F.I.R. has been lodged and after investigation they have been charge-sheeted. 4. On the other hand, leaned A.G.A. submits that as per Section 82 Cr.P.C. a proclamation for the person by pasting a notice in the name of a person against whom a warrant has been issued by the court concerned believing that he is absconding or is concealing himself so that such warrant can be executed. Issuance of notice under Section 82 Cr.P.C. is only to inform such a person to appear before the court concerned. 5. Initiation of attachment of property of a absconding person is under Section 83 Cr.P.C., even otherwise as admitted by the counsel for the applicant, the property in question is ancestral property in which the alleged accused persons, who are the son and daughter-in-law of the applicant also have share, therefore, there is no illegality or impropriety in the said notice, thus the same is liable to be upheld by this Court. 6. The accused person had earlier filed a Application U/S 482 No.8134 of 2023 (Sanjana and another Vs. State of U.P. and another), which was disposed of by a coordinate Bench of this Court vide order dated 03.03.2023. On the request of counsel for the applicants, the same was dismissed as not pressed granting liberty to the applicants in that petition to file bail application before the competent court. 7. This Court is not unmindful of the following judgements of the Apex Court: (i) R.P. Kapur Versus State of Punjab AIR 1960 SC 866; (ii) State of Haryana & Ors. Versus Ch. Bhajan Lal & Ors.1992 Supp.(1) SCC 335; (iii) State of Bihar & Anr. Versus P.P. Sharma & Anr. 1992 Supp. (1) SCC 222; (iv) Zandu Pharmaceuticals Works Ltd. & Ors. Versus Mohammad Shariful Haque & Anr. 2005 (1) SCC 122; (v) M. N. Ojha Vs. Alok Kumar Srivastava 2009 (9) SCC 682; (vi) Mohd. Allauddin Khan Vs. The State of Bihar & Others (2019 ) Supreme (SC) 454; (vii) Nallapareddy Sridhar Reddy Vs. The State of Andhra Pradesh & Ors. (2020) Supreme (SC) 45; (viii) Rajeev Kaurav Vs. Balasahab & Others (2020 ) Supreme (SC) 143, and (ix) M/s Neeharika, Infrastructure Pvt. Ltd. vs. The State of Maharashtra (2021) SCC OnLine SC 315. 8. After hearing the learned counsel for the parties and after perusing the materials available on record, this Court is of the opinion, that learned counsel for the applicant could not point out any legal infirmity in the impugned notice dated 24.04.2024 which may warrant any interference by this Court in exercise of powers conferred under 482 Cr.P.C. jurisdiction. 9. Accordingly, the prayer for quashing the impugned notice dated 24.04.2024 under Section 82 Cr.P.C. is refused. 10. The instant application is misconceived and is, accordingly, dismissed. Order Date :- 19.3.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad