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2025 DAILYLAW 148113 (ALL)

KASHI NISHAD AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/5287/2025 · 2025-07-01

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37191 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5287 of 2025 Applicant :- Kashi Nishad And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Dharmendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dharmendra Kumar Pandey, learned counsel for the applicants, Sri Rajesh Kumar Singh, learned AGA-I for the State and perused the records. 2. By means of the instant application filed under Section 482 Cr.P.C./ 528 B.N.S.S., the applicants have challenged validity of an order dated 03.04.2021 passed by the Special Judge, SC/ST Act, Ayodhya whereby a non bailable warrant was issued against the applicants due to their non appearance and non filing of any application for exemption of appearance. 3. Learned counsel for the applicants has submitted that the applicants kept on visiting the court and seeing his counsel and they did not intend to evade the proceedings. It is not in dispute that the applicants had not appeared on 03.04.2024 and had not filed any application seeking exemption from appearance. It is also not disputed that the applicants did not take recourse to any remedy against the order dated 03.04.2021 without reasonable promptness and the present application has been filed after expiry of more than five years. 4. In these circumstances, no ground is made out for interference in the impugned order. 5. The petition lacks merit and the same is accordingly dismissed. Order Date :- 1.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench