BADAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. GOVT. OF U.P. LKO AND ANOTHER
/637/2025 · 2025-01-24
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119245 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119245 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4759 Court No. - 12 Case :- APPLICATION U/S 482 No. - 637 of 2025 Applicant :- Badal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Of U.P. Lko And Another Counsel for Applicant :- Arun Kumar Tripathi 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):-
"For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceeding arising out of Case Crime No. 632/2009, under section 147, 148, 149, 323, 504, 506 & 452, I.P.C. and 3 (i) (x) of SC/ST Act, Police Station- Kotwali Nagar, District- Pratapgarh pending in the court of Special Judge SC/ST Act Pratapgarh, and also to be quash the Non Bailable warrant
order dated 15.10.2024 passed by Special Judge SC/ST Act Pratapgarh in Session Trial No.489/2010 (State Vs. Shashwat Pandey & others), contained as Annexure No. 1 to this petition, 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 :- 24.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench