VEERENDRA KUMAR VERMA AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER
A482/6774/2025 · 2025-08-22
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158338 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158338 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:49525 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6774 of 2025 Applicant :- Veerendra Kumar Verma And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the applicants, learned A.G.A. 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:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set-aside/quash the impugned N.B.W. order dated 09.09.2021 and order dated 31.05.2025 passed by the court of learned Chief Judicial Magistrate, Custom, Lucknow in Case No. 81/2002 (State Versus implementation and enforcement of the impugned N.B.W. order dated 09.09.2021 and order dated 31.05.2025 passed by the court of learned Chief Judicial Magistrate, Custom, Lucknow in Case No. 81/2002 (State Versus Shriram Yadav and others) arising out of Case Crime No. 190 of 2001, Under Section-420, 467, 468, 471, 120-B I.P.C. pertaining to Police Station-Ghazipur, District-Lucknow by which the learned magistrate has issued N.B.W. order and has also issued the process under section-82 of Cr. P.C. proclamation against the applicants/petitioners, as contained in Annexure No. 1 & 2 respectively to this petition, in the interest of justice, during the pendency of the present petition, so that the justice may be done with the petitioner or to pass such other order or direction, which this Hon'ble court may deem fit and proper under the
facts and circumstances of the case, may also be passed in favour of the petitioners."
3. It is argued by learned counsel for the applicants that the applicants are law abiding citizens and have never flouted order but due to some unavoidable circumstances, they could not appear before the trial court after 2021. He submits that the non-bailable warrant as well as the proclamation under Section 82 of CrPC has been issued against them but the applicants are now ready to appear and cooperate with the trial. He added that they will appear before the trial court on the next date and further on each and every date fixed by the trial court, they would never abscond from the same. Thus, submission is that the orders passed by the trial court issuing the non-bailable warrant and the proclamation under Section 82 of CrPC may be
set aside..
4. On the other hand, learned Counsel appearing for the State has vehemently opposed the contention aforesaid and submits that the applicants are deliberately not appearing and delaying the proceeding of the trial court, and therefore, they are not entitled for relief.
5. Considering the submission of learned counsel for the parties and after perusal of record, it transpires that the applicants are admittedly not appearing before the trial court after 2021 though at this time, they have undertaken that they will appear before the trial court on each and every date fixed. This Court finds that the issuance of non-bailable warrant as well as the proclamation under Section 82 of CrPC is to procure the presence of the accused before the trial court and the applicants have stated on affidavit that they will remain present on each and every date fixed, therefore, to meet the ends of justice, the
order impugned issuance of non-bailable warrant and the proclamation under Section 82 are hereby kept in abeyance. The applicants are directed to appear before the trial court on the next date fixed and cooperate in the trial proceedings. The applicants shall not jump any date unless there is a cogent reason, which shall be explained before the trial court. In case of non-presence of the applicants, the trial court is at liberty to proceed against the applicants, in accordance with law.
6. With the aforesaid observations, the instant application is hereby disposed of.
Order Date :- 22.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench