RAJESH VERMA v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME AT LKO. AND ANOTHER
A482/38/2025 · 2025-01-16
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114298 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114298 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:2817 Court No. - 12 Case :- APPLICATION U/S 482 No. - 38 of 2025 Applicant :- Rajesh Verma Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home At Lko. And Another Counsel for Applicant :- Puttu Lal Misra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. The present application has been filed for the following main relief(s):-
"For the facts, reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned summoning order dated 16.04.2013 passed against the applicant/accused in Criminal Case No. 3303136/2013, State of U.P. Vrs. Manoj Soni & others and quash the related charge sheet No. 05/2013 dated 16.01.2013 arising out of Case Crime No. 208 of 2012, U/s. 147, 504, 506, 406 IPC registered on 14.05.2012 at Police Station- Gomtinagar, District- Lucknow, pending in the Court of learned Chief Judicial Magistrate, District- Lucknow so far it is against the present applicant, in the interest of justice; (FIR contained in Annexure-01, impugned Charge Sheet in Annexure-02 and summoning order in Annexure-03). And further Hon'ble Court may kindly be pleased to stay proceedings of the aforesaid case as well as effect and operation of order dated 21.11.2024 for issuance of non-bailable warrant during pendency of the present application U/s. 482 Cr.P.C. preferred by the applicant/accused." Considering the facts and circumstances of the case as also the law laid down by the Hon'ble Apex Court in the case of Inder Mohan Goswami and another vs. State of Uttranchal and others reported in (2007) 12 SCC 1, Sunil Tyagi vs. Govt. of NCT of Delhi and another reported in 2021 SCC OnLine Del 3597 and Satender Kumar Antil versus Central Bureau of Investigation and another reported in (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and the statement of counsel for the applicant that the applicant would appear before the court concerned, it is provided that if the applicant appear before the court concerned within two weeks from today and move an appropriate application before the trial court including for recall of non-bailable warrant, the same shall be considered and decided by the trial court expeditiously strictly in accordance with law.
For a period of two weeks, no coercive action shall be taken against the applicant so far as the proceedings in issue are concerned. In case, the applicant does not appear in terms of this order, coercive action shall be taken against him. The present application is disposed of in above terms. Order Date :- 16.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench