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2025 DAILYLAW 163584 (ALL)

SANJAY ROBINSON v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7633/2025 · 2025-09-11

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7633 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 record. Instant application has been filed with the prayer to quash the order dated 18.6.2025 passed by the learned Judicial Magistrate 1st (A.T.S.) Lucknow and entire proceedings in Criminal Case No.66972 of 2025 arising out of Crime No.71 of 2015 under Section 147, 323, 352, 427, 504, 506, 120-B I.P.C. at P.S. Cantt. District Lucknow (State Vs. Sanjay Robinson). It is argued by learned counsel for the applicant that the without appropriate service of summons, non-bailable has been issued, moreso the proclamation under Section 82/83 Cr.P.C. has also been issued in a same breath. He added that mandate under Section 82 Cr.P.C. has not been complied with and, therefore, the summoning order dated 18.6.2025 vitiates in the eyes of law. After the aforesaid arguments on merits, he submits that the applicant is a law abiding citizens and he is in private employment and he never intended to avoid proceedings of the court. He next submits that the applicant is willing to appear before the trial court and would always co- operate with the proceedings of the case. Learned counsel for the State has opposed the contention aforesaid and submits that applicant has misused the liberty of bail and, thus, he is not Versus Counsel for Applicant(s) : Kaushal Kishore Tewari Counsel for Opposite Party(s) : G.A. Sanjay Robinson .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) entitled for any relief. Considering the submission of the learned counsel for the parties, this Court is aware that the trial court issued non-bailable warrants so as to procure the presence of the accused. Further the present applicant has shown sufficient reason for his non appearance before the trial court. Under these circumstances, the order dated 18.6.2025 passed by the learned Judicial Magistrate 1st (A.T.S.) Lucknow is kept in abeyance. The applicant is directed to appear before the trial court on the next date fixed and he will continue to appear on each and every date fixed before the trial court and he will never remain absent without application in writing; with cogent reasons; failing which the trial court will be at liberty to proceed against him; in accordance with law. With the aforesaid observations, instant application is disposed of. September 11, 2025 Ram Murti A482 No. 7633 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench