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2025 DAILYLAW 165883 (ALL)

FIROZ AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

A482/8015/2025 · 2025-09-19

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8015 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 under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the impugned order dated 19-07-2025 passed by Ld. Court of Special Judge, POCSO Act-III, Lucknow in S. T. No. 912/2015; State Vs. Firoz arising out of FIR bearing Crime No. 71/2015 U/s. 354A, 452, 323 of I.P.C. & and section 7/8 of POCSO Act, P.S.. Banthara, Lucknow whereby the Ld. Trial Court issued process U/s 82 CrPC along-with NBW as well as notices to the sureties in most mechanical manner without assigning any reason. It is argued by the learned counsel for the applicant that non presence of the applicant before the learned trial court is not deliberate and the applicant undertakes that he will always remain present before the learned trial court on each and every date fixed. Learned counsel for the State has refuted the aforesaid contentions of learned counsel for the applicant. This court finds that the issuance of non bailable warrant or proclamation under section of 82 of Cr.P.C., is for procuring the presence of an accused. Here, the applicant/accused has undertaken Versus Counsel for Applicant(s) : Abhishek Srivastava Counsel for Opposite Party(s) : G.A. Firoz Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) that he will remain present on each and every date fixed before the learned trial court and the non presence before the learned trial court is not deliberate. In view of the aforesaid, the order of issuance non bailable warrant dated 19-07-2025 and proclamation issued under section 82 of the Cr.P.C., are hereby kept in abeyance. The applicant is directed to remain present before the learned trial court on the next date fixed i.e. 20-09-2025 and he will keep on appear before the learned trial court on each and every date fixed and will not remain absent without an application in writing with cogent reasons, failing which, the learned trial court shall be at liberty to proceed in accordance with law. With the aforesaid observations, the instant application is hereby disposed of at admission stage. Let a certified copy of this order be provided to learned counsel for the applicant on payment of usual charges by 'Today' itself. September 19, 2025 AKS A482 No. 8015 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench