BOBBY @ UTTHAM KUMAR v. STATE OF U.P. THRU. HOME DEPTT. LKO.
A482/205/2025 · 2025-01-20
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115962 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115962 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3500 Court No. - 12 Case :- APPLICATION U/S 482 No. - 205 of 2025 Applicant :- Bobby @ Uttham Kumar Opposite Party :- State Of U.P. Thru. Home Deptt. Lko. Counsel for Applicant :- Shailesh Sachan,Gaurav Singh,Piyush Agnihotri,Sachin Kumar 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):-
"I. That the proceeding of criminal case no. 769 of 2010, State vs. Bobby @ Uttham, Case crime no. 497 of 2008, under section 3/7 Essential Commodities Act, Police station - Kachhauna, District- Hardoi pending before learned Additional Chief Judicial Magistrate - I, Hardoi, may kindly be quashed, in the interest of justice. II. That the Order dated 09.09.2024 of Non Bailable Warrant in criminal case no. 769 of 2010, State vs. Bobby @ Uttham, Case crime no. 497 of 2008, under section 3/7 Essential Commodities Act, Police station - Kachhauna, District- Hardoi pending before learned Additional Chief Judicial Magistrate 1, Hardoi. may kindly be quashed, in the interest of justice. III. That the order for proclamation dated 20.09.2024 in criminal case no. 769 of 2010, State vs. Bobby @ Uttham, Case crime no. 497 of 2008 under section 3/7 Essential Commodities Act, Police station Kachhauna, District- Hardoi pending before learned Additional Chief Judicial Magistrate - I, Hardoi may kindly be quashed, 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. The present appeal is disposed of in above terms. Order Date :- 20.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench