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2025 DAILYLAW 160342 (ALL)

VIJAY KUMAR SINGH @ SONU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7134/2025 · 2025-08-28

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7134 of 2025 Court No. - 14 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. The instant application under section 482 has been filed with prayer to quash the entire proceeding of case no. 105 of 2025 arising out of case crime no. 299 of 1997 under section 5 Explosive Substance Act P.S. Kotwali Nagar District-Sultanpur, the impugned chargesheet no. 441 of 1997 dated 08.07.1997 as well as the order for issuance of N.B.W. and proceedings under section 82 Cr.P.C. 3. It is argued by learned counsel for the applicant that the proceeding under section 82 Cr.P.C has been issued in-contravention to the mandate of provision as prescribed under section 82 Cr.P.C. She submitted that the applicant has no knowledge that the proceeding is going on and the applicant undertakes that he will remain present before the learned trial court on each and every date fixed and he would never abscond from the proceeding of trial. 4. Learned A.G.A. appearing for the State has disputed the aforesaid contentions. 5. Considering the submissions of counsel for the parties particularly the statement of the applicant that he had no knowledge with respect to the proceeding and the erroneousness in the proceeding under section 82 of Cr.P.C., the order of N.B.W. and proceeding under section 82 of Cr.P.C. is hereby kept in abeyance. Versus Counsel for Applicant(s) : Ashutosh Kumar Singh, Ajay Sharma, Priyanka Singh Counsel for Opposite Party(s) : G.A. Vijay Kumar Singh @ Sonu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 6. The applicant is directed to remain present before the trial court on the next date fixed, failing which, the benefit of this order shall not accrue to him. 7. It is further provided that the applicant shall attend the proceeding on each and every date fixed by the learned trial court and he will not absent from proceeding of the trial court, unless a written application is given with the cogent reason and is allowed by the learned trial court. 8. Accordingly, the instant application is disposed of. August 28, 2025 Mayank A482 No. 7134 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench