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2025 DAILYLAW 118241 (ALL)

SANTOSH KUMAR DWIVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO. AND ANOTHER

A482/459/2025 · 2025-01-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3578 Court No. - 12 Case :- APPLICATION U/S 482 No. - 459 of 2025 Applicant :- Santosh Kumar Dwivedi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko. And Another Counsel for Applicant :- Ramakar Shukla 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 kindly be pleased to quash the impugned Non Bailable Warrant dated 28.06.2023 passed/ pending in the court of learned Additional Session Judge/ Special judge (Gangster Act), Sultanpur in Special Trial No. 435/2018 "State Vs. Arvind Dubey and others" arising out of Case Crime No.618/2003 Under Section 2/3 U.P Gangster & Anti Social Activities (Prevention) Act 1986, Police Station Sangrampur, District Sultanpur (Now Amethi)." 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 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 :- 21.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench