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2025 DAILYLAW 147219 (ALL)

SMT. KAMLESH DEVI @ KAMLESH v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. AND ANOTHER

A482/5198/2025 · 2025-07-02

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37255 Court No. - 12 Case :- APPLICATION U/S 482 No. - 5198 of 2025 Applicant :- Smt. Kamlesh Devi @ Kamlesh Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Neera Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. 1. Heard. 2. This highly belated application has been filed challenging the order dated 06.06.2024/19.07.2024 by which the proceedings under Section 82 Cr.P.C. were initiated against the applicant on the ground that the applicant could not appear on account of her illness and her counsel did not move an exemption application, therefore, the concerned court had issued non-bailable warrant and further initiated proceedings under Section 82/83 Cr.P.C. on 06.06.2024. 3. So far as the ground taken by the applicant regarding illness is concerned, no supporting material has been placed on record. The impugned order indicates that after grant of bail, the applicant had not appeared before the court, therefore, non bailable warrant was issued, which could not be executed, therefore, the court was constrained to proceed under Section 82 Cr.P.C. The order by which the proceedings under Section 83 are said to have been instituted is not under challenge. 4. In view of the above, this application has been filed on misconceived and baseless grounds. It is, accordingly, dismissed. ...................................................................(Rajnish Kumar, J.) Order Date :- 2.7.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench