MOHD. FAZIL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO. AND 2 OTHERS
A482/152/2025 · 2025-01-10
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115582 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115582 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1863 Court No. - 12 Case :- APPLICATION U/S 482 No. - 152 of 2025 Applicant :- Mohd. Fazil Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And 2 Others Counsel for Applicant :- Emran Ansari 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):-
"WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to allow this petition under section-482 Cr. P.C. now section 528 BNSS, 2023 and quash the summoning order dated 27.02.1992 as well as Non bailable warrant along with 82 Cr.P.C. dated 16.10.2024 and entire proceeding of Case No. 52/1992, (State Versus Mustak and others) arising out of Case crime no. 163/1991, under sections 160/147/323/ 353/224/225, I.P.C., police station Saadatganj, District Lucknow pending in the court of learned Judicial Magistrate, 1st/ A.T.S. Lucknow as contained in Annexure nos. 1 and 2 respectively to this petition, during pendency of the present petition, in the interest of justice." 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 appears before the court concerned within two weeks from today and moves 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. Accordingly, the present application is disposed of in the above terms. Order Date :- 10.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench