Neutral Citation No. - 2025:AHC:17118 Court No. - 71 Case :- APPLICATION U/S 482 No. - 3635 of 2025 Applicant :- Habiburrahman Alias Laddu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Kuldeep Kumar Gupta, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Habiburrahman Alias Laddu, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. with the following relief:- "It is therefore most respectfully prayed that this Hon'ble Court may Hon'ble Court may graciously be pleased to allow this application and quash the impugned order dated 01-11-2022, issuing Non Bailable Warrant, as against the Applicant, the order dated 05-01-2023 whereby the proclamation under section 82 Cr.P.C. and the order dated 03-04-2023 whereby the proclamation under section 83 Cr.P.C. has been issued as against the applicant, passed by the learned Chief Judicial Magistrate, Siddharthnagar in Criminal Case No. 2686 of 2020 "State Vs. Habiburrahman @Laddu" under sections 376, 315, 323 I.P.C. Police Station Dumariyaganj Police Station Dumariyaganj. District Siddharthnagar. It is further prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation eration of the impugned order dated 01-11-2022, issuing Non Bailable Warrant, as against the Applicant, the order dated 05-01-2023 whereby the proclamation under section 82 Cr.P.C. and the order dated 03- 04-2023 whereby the proclamation under section 83 Cr.P.C. has been issued as against the applicant, passed by the learned Chief Judicial Magistrate, Siddharthnagar in Criminal Case No. 2686 of 2020 "State Vs. Habiburrahman @ Laddu" under sections 376, 315, 323 I.P.C. Police Station Dumariyaganj Police Station Dumariyaganj, District Siddharthnagar and further direct the authorities not to take any coercive steps as against the Applicant during the pendency of the present application or to pass any order which this Hon'ble Court may think fit and proper in the circumstances of the case." 4. At the very outset, the learned A.G.A. submits that inspite of the fact that applicant was enlarged on anticipatory bail by this Court vide order dated 01.10.2019, applicant has chosen not to appear before Court below repeatedly. In view of above, non-bailable warrant was issued against applicant by Court below vide order 01.11.2022. Even though a period of more than 2 years and 3 months has rolled by, applicant has not yet appeared before Court below. Consequently, the proceedings of trial have been held up on account of lackadaisical approach of applicant in participating in the trial. On account of failure of applicant to appear before Court below coercive process under Sections 82/83 Cr.P.C. has also been issued by Court below against applicant. On the above premise, the learned A.G.A. thus submits that no interference is warranted by this Court in present application. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by the learned A.G.A. in opposition to this application is clearly borne out from the record and furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record at this stage. In view of above, no good ground exists to entertain the present application. 7. As a result, the present application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. Order Date :- 6.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad