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2025 DAILYLAW 119362 (ALL)

SANTOSH SINGH v. STATE OF U.P. THRU. ITS SECY. HOME DEPTT. AND 3 OTHERS

A482/581/2025 · 2025-01-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3977 Court No. - 12 Case :- APPLICATION U/S 482 No. - 581 of 2025 Applicant :- Santosh Singh Opposite Party :- State Of U.P. Thru. Its Secy. Home Deptt. And 3 Others Counsel for Applicant :- Ajay Veer Singh,Ripu Daman Shahi 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 of Non Bailable Warrant plus proceeding under sec-82 Cr.P.C. dated 18/12/24, filed before Learned Chief Judicial Magistrate-Shravasti and in Case Crime No, 2728 of 2024, "State Versus Santosh Singh" First Information Report No.0160 of 2022 ,U/S.307,342,323,504,506,34,109,386, P.S Bhiga, District-Shravasti. To stay the further proceeding in before Learned CJM -Shravasti. and in Case Crime No.160 of 2022, "State Vs.Santosh Singh" FIR No.0160 086 of 2022 ,U/S.307,342,323,504,506,34,109, 386 I.P.C. Police Station-Bhinga, District- Shravasti against the Petitioner, during the pendency of this Petition before this Hon'ble Court 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 :- 21.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench