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2025 DAILYLAW 162703 (ALL)

AISHWARYA PANDEY AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7423/2025 · 2025-09-09

Ajay Bhanot

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7423 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. Sri Amar Singh, learned counsel for the applicants submits that the instant criminal proceedings arise out of a matrimonial dispute. The applicants are law abiding citizens, who had been attending the trial on all dates. Three witnesses have already been examined. However, learned precising officer was not holding court for five consecutive dates. The Investigating Officer was not present for recording his testimony on the aforesaid dates. On the date immediately succeeding the said five occasions, there was a communication gap between the counsel and the applicants, due to which the applicants had no knowledge of the aforesaid dates. The absence of the applicants in the trial proceedings was due to bonafide lack of knowledge and for facts and circumstances beyond their control. The applicants undertake to appear before the trial court on all dates fixed in the trial unless exempted by the trial court. In wake of the aforesaid submissions the non-bailable warrant dated 11.07.2025 issued by learned trial court in Case No. 5304/2017, arising out of Case Crime No. 359/2016, under Sections 498A, 323 B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Hasanganj, District Lucknow, pending before the Judicial Magistrate, Ist, District-Lucknow is liable to be Versus Counsel for Applicant(s) : Amar Singh, Anurag Vikram Counsel for Opposite Party(s) : G.A. Aishwarya Pandey And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) quashed and is quashed. Further in the interest of justice the following directions are being issued: I. The applicants are directed to appear before the learned trial court within a period of three weeks and thereafter ensure that they shall regularly appear before the trial court on appointed dates (unless exempted by the learned trial court). II. In the event of breach of the aforesaid undertaking or failure of the applicants to appear before the learned trial court within three weeks and on all dates fixed thereafter (subject to exemption being granted by the trial court), the learned trial court shall immediately record a finding to this effect and proceed against the applicants in accordance with law and take out coercive measures if required. With the aforesaid direction the Application U/S 482 is allowed. The applicant No.2 is a Cancer patient, who has undergone surgery. All these facts be brought to the knowledge of the learned trial court for seeking exemption. September 9, 2025 Arvind A482 No. 7423 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench