Neutral Citation No. - 2025:AHC-LKO:49563 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6810 of 2025 Applicant :- Saurabh Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dhirendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Since matter pertain to a legal issue, and therefore, it is being decided at the admission stage and notice to the opposite party no.2 is hereby dispensed with. 3. 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 as narrated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may graciously be pleased to stay the summoning order dated 16-07-2025 in the criminal crime no.457/2017 State versus Manish and Another, u/s 363,366 I.P.C. and 7/8 POCSO ACT, Police Station Kotwali Nagar, District Faizabad ( now Ayodhya)." 4. It is submitted by learned counsel for the applicant that FIR was lodged bearing Case Crime No.457 of 2017 under Sections 363 of IPC at Police Station Kotwali Nagar, District Faizabad (now Ayodhya), and thereafter, during course of investigation, Section 366 of IPC and Section 7/8 of POCSO Act were charged and chargesheet has been filed in all sections. He submitted that the applicant was kept appearing on every date but since April, 2024, he could not appear, and thereafter, the several processes were issued and vide order dated 03.07.2025, the trial court passed the order while issuing non-bailable warrant and the proclamation under Section 82 of CrPC. 5. He argued that the order dated 03.07.2025 is enough to show that the learned trial court while issuing the proclamation under Section 82 of CrPC; did not record the reason to believe for issuing of such proclamation, which is clear cut mandate of Section 82 of CrPC. He added that the order dated 03.07.2025 assails illegality, and therefore, is liable to be set aside. 6. On the other hand, learned Counsel appearing for the State has opposed the contention on merit but he has failed to substantiate his arguments regarding the non-compliance of the mandate of Section 82 of CrPC. 7. Considering the submission of learned counsel for the parties, it transpires that the order dated 03.07.2025 was passed in a very cursory manner as it has been written in the order 'सौरभ िमश्रा NBW + 82 CrPC व नोिटस जिरये तलब हो।'. This is obvious that no reason has been recorded so as to issue the proclamation under Section 82 of CrPC. Resultantly, the order dated 03.07.2025 is hereby set aside. 8. Matter is remitted back to the trial court concerned to proceed afresh. 9. The applicant is directed to remain present before the trial court on the next date fixed, failing which, the learned trial court is at liberty to proceed in accordance with law. It is further directed that the applicant shall remain present on each and every date fixed subsequently before the learned trial court and if, he will remain absent without any cogent reason while giving an application to the trial court, the trial court shall proceed strictly in accordance with law. 10. The instant application is allowed accordingly. Order Date :- 22.8.2025 Mohd. Sharif A482 No. 6810 of 2025 2 Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench