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2025 DAILYLAW 159610 (ALL)

OM PRAKASH v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/6975/2025 · 2025-08-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6975 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, 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. 46 of 2020, arising out of Case Crime No. 1065 of 2019, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali Nagar, District Sultanpur, pending in the court of Additional District Judge-III, court no. 14/Special Judge, Gangster Court, Sultanpur, cognizance order dated 09.11.2020 alongwith chargesheet and summoning order dated 09.11.2020 and NBW. It is argued by learned counsel for the applicant that Non-bailable Warrant has been issued against the applicant, though on the first date i.e. on 09.11.2020, when the NBW was issued, the applicant was behind the bars. He next added that now the applicant has been enlarged on bail but on certain dates he could not appear before the trial court and now he is ready to appear and cooperate with the proceedings of the trial, thus, submission is that the Non-bailable Warrant and proclamation under Section 82 Cr.P.C. issued against the applicant may be set aside and he may be given liberty to appear before the trial court. He next submits that the applicant undertakes that he will appear on each and every date fixed Versus Counsel for Applicant(s) : Sudhakar Mishra, Shailendra Sagar Tiwari Counsel for Opposite Party(s) : G.A. Om Prakash .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) by the trial court and he would never abscond. Learned State Counsel has no objection to the contentions aforesaid. In view of the aforesaid undertaking given by the applicant that he will appear before the trial court on each and every date, including looking into the aim and object of issuance of NBW as well as proclamation under Section 82 Cr.P.C. for procuring the presence of accused before the court, the operation and effect of NBW and proclamation under Section 82 Cr.P.C. issued against the applicant are hereby 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 fixed by the trial court, failing which, the trial court will be at liberty to proceed in accordance with law. The applicant shall not absent without an application which finds mention the cogent reasons. The instant application is disposed of accordingly. August 26, 2025 kkv/ A482 No. 6975 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench