MAHESH KUMAR TIWARI @ MANISH TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECRTT. LKO. AND ANOTHER
A482/1746/2022 · 2025-09-01
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127682 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127682 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 1746 of 2022 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.
2. Instant application has been filed with a prayer to set-aside the order dated 21.03.2022 passed by A.C.J.M., Sultanpur to initiate proceeding u/s 82 of Cr.P.C. against the petitioner to declare him proclaimed offender.
3. It is argued by learned counsel appearing for the applicant that due to unavoidable circumstances, the applicant could not appear before the trial court, therefore, initially non-bailable-warrant was issued and the proceeding under section 82 of Cr.P.C. has also been initiated. He submits that he is still ready to appear before the trial court and and he undertakes that he will not abscond on any date fixed by the trial court.
4. Learned counsel for the State has opposed the contention aforesaid and submits that the applicant did no appear before the trial court, therefore, the trial court has rightly proceeded in the matter.
5. Considering the submissions of counsel for the parties and particularly the undertaking given by the applicant that he will appear on each and every date fixed before the trial court, the impugned order dated 21.03.2022 is hereby kept in abeyance.
6. The applicant is directed to appear before the trial court on the next date fixed, failing which, the trial court is at liberty to proceed in accordance with Versus Counsel for Applicant(s) : Aditya Vikram Shahi Counsel for Opposite Party(s) : G.A. Mahesh Kumar Tiwari @ Manish Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Secrtt. Lko. And Another .....Opposite Party(s)
law. It is further provided that the applicant shall remain present on each and every date fixed before the trial court and he will not absent on any date without prior application written in writing with cogent reasons given thereof.
7. Accordingly, the application is disposed of.
September 1, 2025 Mayank A482 No. 1746 of 2022 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench