MOHD. SADDAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/504/2025 · 2025-01-21
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117973 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117973 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3992 Court No. - 12 Case :- APPLICATION U/S 482 No. - 504 of 2025 Applicant :- Mohd. Saddam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ram Karan,Anubhav Verma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the parties. 2. 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 quash/stay the N.B.W. issued dated 30.04.2024 in terms of vide Order dated 26.07.2023 against the applicant, in S.T. No.587/2018 Case Crime No. 126/2016, Under Sec 452, 363, 376, 323, 506, 1200 of IPC. P.S. Gudamba, District Lucknow (State VS. Mohd. Safeek) issued by the Special Judge (P. C. Act 8), Dist Lucknow A copy of the relevant Order Sheet including N.B.W. issued dated 30.04.2024 is being annexed ANNEXURE NO.-01 to this petition. And it is also prayed that this Hon'ble High Court may be pleased to stay the N.B.W. proceeding of Case Crime No-326/2016, Under Sec -452, 363, 376, 323, 506, 120(B) of IPC, P.S. Gudamba, District-Lucknow (State VS. Mohd Safeek), issued by the Special Judge (PC Act-81, Dist.-Lucknow against the petitioner during the pendency of the present application U/S-528 B.N.S.S. in the interest of justice."
3. 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. 4. For a period of two weeks, no coercive action shall be taken against the applicant so far as the proceedings in issue are concerned. 5.
In case, the applicant does not appear in terms of this order, coercive action shall be taken against him. 6. The present application is disposed of in above terms. Order Date :- 21.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench