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2025 DAILYLAW 115596 (ALL)

PAWAN KUMAR SINGH @ PAWAN SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/167/2025 · 2025-01-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1885 Court No. - 12 Case :- APPLICATION U/S 482 No. - 167 of 2025 Applicant :- Pawan Kumar Singh @ Pawan Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ambika Prasad Mishra Counsel for Opposite Party :- G.A.,Laxmi Narayan Gupta Hon'ble Saurabh Lavania,J. Heard Sri Ambika Prasad Mishra, learned counsel for the applicants, Sri Vinay Kumar Sahi, learned AGA for the State of U.P. and Sri Laxmi Narayan Gupta, Advocate, who has filed Vakalatnama on behalf of the opposite party No. 2 in the Court today, which is taken on record. The present application has been seeking following main reliefs:- "That for the facts reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased allow this petition and direct the court below to decide the restoration/recall application dated 18-12-2024 moved by the Applicants pending in Criminal Case No. 1888 of 2022, in the name of State Vs Manoj Singh and others arising out of case crime No. 463 of 2020, U/s- 323, 504, 506, 452 I.P.C. at Police Station- Sangrampur, District-Amethi as well as also direct the court below not to proceed in the aforesaid matter, regarding the framing of charges without deciding the aforesaid recall application dated 18-12-2024, during the pendency of this petition. It is further prayed that this Hon'ble Court may also kindly be pleased to stay the operation of the order dated 18-12-2024 passed by F.T.C. (S.D.) Sultanpur in the aforesaid Criminal Case No. 1888 of 2022, in the name of State Vs Manoj Singh and others arising out of case crime No. 463 of 2020, U/s- 323, 504, 506, 452 I.P.C. at Police Station- Sangrampur, District-Amethi, which is contened as Annexure No.1 & 2 to this petition." Treating the present application to be under Section 529 Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the fact that the matter is listed before the trial court on 16.01.2025, the instant application is disposed of with a direction to the trial court to decide the application dated 18.12.2024 of the applicants, indicated in the prayer clause, quoted above, before proceeding in the matter, as per law. Order Date :- 10.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench