VIVEK MISHRA @ VIKKI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER
A482/417/2025 · 2025-01-20
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117802 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117802 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3215 Court No. - 12 Case :- APPLICATION U/S 482 No. - 417 of 2025 Applicant :- Vivek Mishra @ Vikki Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Rajat Pratap Singh 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):-
"That for the facts and reasons stated in the accompanying petition supported with an affidavit, it is most respectfully prayed that this Hon'ble Court may very kindly be pleased to quash the further proceedings, currently pending as Criminal Case No. 23322/2022, Case Crime No. 635/2019, under Sections 323, 504, and 506 of the IPC, from the CJM Court, Hardoi the interest of justice. It is further prayed to this Hon'ble Court that may kindly be pleased to stay the further proceeding of pending Criminal Case no. 23322/2022, Case crime no. 635/2019, Under Section- 323/504/506 IPC, Police Station- Kotwali City, District-Hardoi during the pendency of the application (In respect of applicant) 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 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 :- 20.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench