HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7030 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. Instant application has been filed with the prayer to set aside the impugned order dated 1.7.2025 for arresting the applicant through N.B.W. +N.S.+82 Cr.P.C. passed by the Vth Additional District & Sessions Judge/Special Judge, Gangster Act, Raebareli as the warrant is without giving any notice/summon or copy of warrant. Learned counsel for the applicant submits that the summons were never served upon the applicant and straightway, the order of non-bailable warrant and proclamation under Section 82 Cr.P.C. have been issued against the applicant. He submits that since the summons were not served upon the applicant, therefore, he had no knowledge regarding the case pending against him and further the proceedings under Section 82 is not as per the mandate of Criminal Procedure Code, 1973 as the reason to believe has not been mentioned. Thus, submission is that whole proceedings initiated by order dated 1.7.2025, against the applicant is unlawful and the same may be set aside. On the other hand, learned counsel for the State has opposed the contention aforesaid on merit. Considering the submission of the learned counsel for the parties, Versus Counsel for Applicant(s) : Dilip Kumar Shukla Counsel for Opposite Party(s) : G.A. Shyam Prakash Mishra .....Applicant(s) State Of U.P. Thru. Secy. Home U.P. Lko. .....Opposite Party(s) particularly, the contention of the learned counsel for the applicant that no summon has ever been served and no bailable warrant has ever been issued against him, coupled with the fact that no reason has been recorded to believe that the applicant would abscond from the trial proceedings, as such, there seems to be force in the contention of the learned counsel for the applicant. This Court also considers the fact that the proceedings of non-bailable warrant as well as the proclamation under Section 82 Cr.P.C. is for procuring the presence of the accused and at this stage, the accused has undertaken that he will appear on each and every date before the trial court and would never abscond from the trial proceedings. In view of the above and to meet the ends of interest of justice, the order dated 1.7.2025 passed by the trial court is kept in abeyance. The applicant is directed to appear before the trial court, on the next date fixed and he will keep on appearing on each and every date, before the trial court and he will never abscond unless cogent reason is given in the application for his non presence before the trial court failing which the trial court may proceed against him, in accordance with law. With the aforesaid observations, instant application is disposed of. August 27, 2025 Ram Murti A482 No. 7030 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench