Neutral Citation No. - 2025:AHC-LKO:45307 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6211 of 2025 Applicant :- Babban Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Prem Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned AGA for the state, and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Summoning Order dated 12/03/2008 and order dated 21/06/2025 by means of which Non Bailable Warrant and 82Cr.P.C. has been issued against the petitioner in Criminal Case No.- 219/2023, State Vs Kalbe Sadiq and others, vide Case Crime No.- 63A/2001, Under Section-147, 148, 149, 307, 323, 504, 506, 427 of I.P.C., Police Station- Hanswar, District-Ambedkarnagar, pending in the Court of Learned Civil Judge (C.D.) Fast Track/A.C.J.M., Ambedkarnagar, in the interest of justice. It is further prayed that Summoning Order dated 12/03/2008 and order dated 21/06/2025 by means of which Non Bailable Warrant and 82Cr.P.C. has been issued against the petitioner in Criminal Case No. 219/2023, State Vs Kalbe Sadiq and others, vide Case Crime No.- 63A/2001, Under Section-147, 148, 149, 307, 323, 504, 506, 427 of I.P.C., Police Station- Hanswar, District-Ambedkarnagar, pending in the Court of Learned Civil Judge (C.D.) Fast Track/A.C.J.M., Ambedkarnagar, may kindly be stayed during the pendency of this petition, in respect of the petitioner." 3. It is argued by learned counsel for the applicant that as many as 14 accused persons were implicated in an FIR lodged bearing Case Crime No. 63A of 2001, and whereafter the trial concluded on 03.03.2015 and the other accused persons have been acquitted. He submits that since the present applicant was abroad, and therefore, he could not appear and participate in the trial proceeding and now the non-bailable warrant as well as the proclamation under Section 82 of CrPC is issued. The contention put forth further is that the applicant is still ready to cooperate in the trial proceeding and he will appear before the trial court within further 15 days. Thus, submission is that the coercive proceeding, initiated by the learned trial court while issuing the non-bailable warrant and the proclamation under Section 82 of CrPC may be quashed. 4. On the other hand, learned A.G.A. appearing for the State has submitted that after granting bail to the applicant, he fled away and never appeared before the trial court, though the fact remains that the trial is concluded at this stage. He also submits that there is no unlawfulness in the order of non-bailable warrant and the proclamation under Section 82 of CrPC. 5. Considering the submission of the learned counsel for the parties, particularly the fact that the trial is concluded on 03.03.2015 and all the accused persons have been acquitted, the applicant is permitted to appear before the learned trial court within 15 days from the date of this order. It is provided that if the applicant appears before the learned trial court within the aforesaid period, the proceeding initiated against him, under Section 82 as well as the order of the non-bailable warrant, shall remain in abeyance. 6. The application is disposed of accordingly. Order Date :- 5.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench