Neutral Citation No. - 2025:AHC-LKO:16419 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2501 of 2025 Applicant :- Vivek Pratap Sachan @ Dr. Vivek Pratap Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anil Kumar Yadav,Devansh Singh Chauhan,Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard. 2. Present case has been preferred under Section 482 Cr.P.C/528 B.N.S.S. with following main reliefs:- "For the facts, reasons and circumstances, stated in the accompanying affidavit, filed in support of the present application under Section 482 Cr.P.C., it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned judicial/ cognizance and summoning order dated 15.02.2022 (Annexure No. 1), Order Dated 01.02.2025 (Annexure No.2) and Order Dated 01.03.2025 (Annexure No.3) passed by the Additional Chief Judicial Magistrate-IV, Court No.28 Lucknow in Crl. Case No. 19358/2022 State Vs Vivek Pratap Sachan as well as to quash the impugned Charge Sheet bearing No. 1 dated 14.07.2018 (Annexure No.6 ), Case Crime No. - 0260/2017, under Section 498A, 323, 504, 506 I.P.C., Police Station- Vikas Nagar, District-Lucknow, pending in the Court of the Additional Chief Judicial Magistrate-IV, Court No.28, Lucknow, in the interest of justice. It is also prayed that this Honble Court may graciously be pleased to stay further proceedings of case arising out of Case Crime No. - 0260/2017, under Section 498A, 323, 504, 506 I.P.C., Police Station- Vikas Nagar, District- Lucknow, pending in the Court of the Additional Chief Judicial Magistrate-IV, Court No.28 Lucknow, in the interest of justice." 3. Learned counsel for the applicant, after arguing at some length, has confined his prayer to the extent that the impugned order dated 01.02.2025 and 01.03.2025 may be quashed. 4. It is further submitted that the interim bail was granted to the applicant vide order dated 07.11.2024 and since then he was regularly appearing and cooperating in the case pending before the Court concerned and for the fist time when he did not appear on 01.02.2025, the Court concerned has passed an order of N.B.W. against the applicant fixing the date of appearance of the applicant on 01.03.2025. The applicant in view of N.B.W issued did not appear on 01.03.2025 and filed the present application for quashing of the impugned orders N.B.W. issued against him. 5. It is further submitted that the applicant had moved an application seeking exemption from appearance on 01.02.2025, which was refused to be taken by the Court concerned otherwise, the applicant is always ready to cooperate in the matter/proceedings pending before the Court concerned. 6. On being asked the learned counsel for the applicant as to where is the application for exemption from appearance, which was not accepted by the Court concerned and whether the said pleadings have been made in the accompanying affidavit filed alongwith the present application or not, he has failed to show either any pleadings made in this regard or any documentary evidence in support of his submission. 7. This Court has again asked the learned counsel for the applicant that as to why the applicant had not approached this Court earlier, he has given again a misleading submission that the certified copy of the order dated 01.02.2025 was provided to him with delay. On being asked as to when, it was applied, he replied that it was applied on 25.2.2025 thus, at every stage, learned counsel for the applicant has tried to mislead the Court. 8. The submission was made beyond the pleadings and efforts were made to mislead the Court deliberately. The conduct of the applicant shows that he had one month time from the passing of the order of N.B.W till the next date fixed for appearance but he had not made any effort either to challenge that order or to appear before the Court concerned, he just let go the date and when again the same order was passed on 01.03.2025, only after 18 days, the present application has been filed. 9. After hearing learned counsel for the applicant and going through the records of the case, it is found that the applicant has not approached this Court with clean hands, thus, he is not entitled for the relief prayed for. 10. In view of the facts, circumstances and observations made hereinabove, the present case is hereby dismissed. Order Date :- 21.3.2025/Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench