SATTAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/6731/2025 · 2025-08-19
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157540 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157540 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48575 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6731 of 2025 Applicant :- Sattar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rahul Agnihotri,Uday Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No. 326 of 2015; State Vs. Asfaq and others, arising out of Case Crime No. 44 of 2000, under Sections 498-A, 323, 506 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Neemgaon, District Lakhimpur Kheri as well as for quashing of the orders dated 02.06.2025 and 20.12.2024 passed by ACJM, Lakhimpur Kheri. It is submitted by learned counsel for the applicants that applicant no. 1 is father-in-law and applicant no. 2 is mother-in-law, having 77 and 75 years of age respectively. He added that in fact, the applicants were kept on appearing till 2023 and thereafter due to Covid- 19, they could not appear before the trial court. He added that the applicants did not deliberately avoid the criminal proceedings and they are always ready to appear before the trial court. In addition, learned counsel submits that the proclamation under Section 82 of Cr.P.C. is not as per law prescribed under the Code of Criminal Procedure. He submits that the applicants, being old aged persons, could not appear before the trial court and now they have undertaken that they will appear on each and every date fixed by the trial court and would not flout any order passed by the trial court. Thus, submission is that the criminal proceedings against the applicants may be quashed. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid but he could not dispute the fact that the applicants are old aged persons and they have undertaken that they will remain present on
each and every date fixed by the trial court.
In view of the above contentions, this Court has noticed that the matter relates to matrimonial dispute and the applicants are father-in-law and mother-in-law and the very purpose of issuance of NBW as well as proclamation under Section 82 Cr.P.C. is to procure the presence of applicants before the trial court and the accused persons have undertaken that they will remain present before the trial court on each and every date, the ends of justice would sub-serve if, they are allowed to appear before the trial court on the next date fixed. Consequently, the Non-bailable Warrant as well as proclamation under Section 82 Cr.P.C., issued against the applicants, are hereby kept in abeyance. The applicants are directed to remain present on the next date fixed by the trial court. It is further clarified that if the applicants would not appear on any date fixed by the trial court without any cogent reason, the trial court is at liberty to proceed in the matter in accordance with law. With the aforesaid observations, the instant application is
disposed of.
Order Date :- 19.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench