Neutral Citation No. - 2025:AHC-LKO:28476 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3343 of 2025 Applicant :- Jitendra @ Ankit And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ram Milan Yadav,Om Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Ram Milan Yadav, learned counsel for the applicants as well as learned Additional Government Advocate for the State of U.P. Supplementary affidavit filed by the applicants is taken on record. 2. By means of present application U/S 482 Cr.P.C. the applicants has prayed for quashing the order dated 16.12.2024, passed by the Chief Judicial Magistrate. Sitapur in Case No. 5303 of 2022 - Jitendra @ Ankit And Others Vs. Vishram, under Sections 498-A, 306 IPC and Section 3/4 of Dowry Prohibition Act, Police Station - Mishrikh, District - Sitapur whereby the application under Section 245 Cr.P.C. preferred by the applicants has been rejected and they have been summoned to face trial. 3. The grievance raised by the applicants in the present application is with regard to dismissal of application preferred by the applicants under Section 245 Cr.P.C., due to non presence of the applicants as well as their counsel. 4. It has been submitted by learned counsel for the applicants that opposite party no. 2 on 17.08.2022, had filed an application under Section 156(3) Cr.P.C. against the applicants. In respect of the complaint, statement of opposite party no. 2 under Section 200 Cr.P.C. was recorded and by means of order dated 30.03.2024, the trial Court summoned the applicants under Sections 498-A, 306 IPC and Section 3/4 of Dowry Prohibition Act. The applicants being aggrieved by the summoning order approached this Court by means of Application U/S 482 Cr.P.C. No. 7079 of 2024, wherein this Court had given liberty to the applicants to move discharge application before the trial Court. 5. In pursuance to the liberty granted by this Court, the applicants filed application for discharge. It is due to non presence of applicants or their counsel that the application for discharge has been rejected by means of impugned order dated 16.12.2024. 6. By means of supplementary affidavit filed today, order sheet of the trial Court has been annexed, and from perusal of the same it is noticed that the applicants have not appeared before the trial Court and due to their non appearance non bailable warrant was also issued on 01.04.2025. From the aforesaid order sheet it is clear that the applicants failed to appear before the trial Court, despite the fact that they filed their bond for appearance. 7. The directions of this Court issued in Application U/S 482 Cr.P.C. No. 7079 of 2024, by means of order dated 12.08.2024, are quoted herein below :- "4. However, considering that the summoning order has been issued and the applicants have a remedy of filing of a discharge application as such the instant petition is disposed of leaving it open to the applicants to file an application for discharge taking the aforesaid grounds. 5. It is further provided that in case an application for discharge is filed within a period of two weeks from today by the applicants then the same shall be considered and decided in accordance with law by the learned Court say within a period of four weeks after hearing all the parties concerned provided there is no legal impediment. 6. For a period of two weeks from today, no coercive action shall be taken against the applicants in pursuance to the impugned order dated 30.03.2024 passed in the aforesaid complaint case." 8. From the perusal of aforesaid directions issued by this Court it is clear that no exemption from appearance before the trial Court was granted by this Court and consequently, there is no valid reason for the applicants to not participate or appear in the proceedings before the trial Court. This Court do not find any cogent reason for applicants non appearance before the trial Court. 9. Learned counsel for the applicants undertakes that the applicants shall cooperate in the proceedings before the trial Court and participate in the proceedings and appear on the dates fixed, unless their application for exemption is allowed by the trial Court, if there is any unforseen circumstance. 10. Accordingly, in the light of above, present application is allowed, subject to payment of cost of Rs.40,000/- by the applicants to opposite party no. 2. 11. In view of above, impugned order dated 16.12.2024, is set aside. The matter is remitted to the trial Court to consider and decide the same on merits expeditiously. In case applicants do not appear before the trial Court, benefit of this order shall not be available to them. 12. The cost of Rs.40,000/- imposed by this Court upon the applicants shall be paid by them to opposite party no. 2, within two weeks from today. Order Date :- 14.5.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench