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2025 DAILYLAW 147775 (ALL)

ASHWINI SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5233/2025 · 2025-07-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37219 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5233 of 2025 Applicant :- Ashwini Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ravi Shanker Tewari,Anurag Vikram,Vishwakant Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ravi Shanker Tewari, the learned counsel for the applicant, Sri Ashok Kumar Srivastava, the learned A.G.A. appearing on behalf of the State, Sri Ankit Kumar Dixit, Advocate who has put in appearance on behalf of the opposite party no.2 and filed his vakalatnama, which is taken on record. 2. This application is being decided at this stage with the consent of parties' counsel. 3. By means of the instant application filed under Section 482 Cr.P.C. the applicant has challenged the validity of an order dated 05.05.2025, passed by the Court of Special Judge SC/ST Act, Lucknow in Case Crime No.55 of 2024, under Sections 419/420/406/467/468/471/32/504/506/120-B I.P.C. read with Section 3 (1)(da) & (dha) SC/ST Act, Police Station Sushant Golf City, District Lucknow, a copy whereof has been annexed as Annexure No.1 to the application, which is a proclamation issued under Section 82 Cr.P.C. The proclamation has been issued to the alleged avoidance of the applicant to receive the summons/warrants issued by the court in the aforesaid case. 4. A bare perusal of the proclamation under Section 82 Cr.P.C. discloses that it does not mention any date for appearance of the applicant, whereas Section 82 Cr.P.C. provides that the written proclamation issued by the court shall require the accused person to appear at a specific place and at a specified time not less than thirty days from the date of publishing such proclamation. The manner of publication of proclamation is also not clear from the proclamation. 5. The aforesaid infirmities vitiate the proclamation issued by the trial court. 6. Accordingly, the proclamation dated 05.05.2025, a copy whereof is contained as Annexure No1. to the application is hereby quashed. The trial court shall be at liberty to proceed afresh in accordance with law. 7. With the aforesaid observation/direction, the application stands allowed. . [Subhash Vidyarthi, J.] Order Date :- 2.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench