TARIK HUSAIN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
/642/2025 · 2025-01-24
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119088 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119088 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:4773 Court No. - 12 Case :- APPLICATION U/S 482 No. - 642 of 2025 Applicant :- Tarik Husain Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Shyam Mohan Upadhyay 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 graciously be pleased to quash the impugned charge sheet dated 14.03.2024, arising out of case crime No. 0176 of 2021, under section 135 Indian Electricity Act at police station- Anti Power Theft Thana Balrampur, District- Anti Power Theft Balrampur, as well as the impugned N.B.W. order dated 02.01.2025 passed by Upper Session Judge First Balrampur, as contained in annexure no 1& 2 to this petition. It is further prayed that this Hon'ble Court may graciously be pleased to stay the impugned N.B.W. order dated 02.01.2025 passed by Upper Session Judge First Balrampur, 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 application is disposed of in above terms. Order Date :- 24.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench