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2025 DAILYLAW 119541 (ALL)

RAGHUNATH PANDEY AND 4 OTHERS v. STATE OF U.P. THRU. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

/671/2025 · 2025-01-24

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4715 Court No. - 12 Case :- APPLICATION U/S 482 No. - 671 of 2025 Applicant :- Raghunath Pandey And 4 Others Opposite Party :- State Of U.P. Thru. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Raj Kumar Pandey,Ankur Pathak,Ritu Verma,Vivek Pandey 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):- "i. To quash order dated 17.01.2025 as well as Non-Bailable Warrant passed by the F.T.C. (S.D.) ACJM Court No.19, Sultanpur, in criminal case No.5630/2023 "State of U.P. Vs. Raghunath and others" U/s 147, 148, 323, 504, 506, 452, 354Ka, IPC, P.S. Sangrampur, District Amethi, against the applicants/petitioners, as contained in Annexure No. 1 to this petition. ii. To stay proceedings of impugned Non-Bailable Warrant order dated 17.01.2025 passed by the F.T.C. (S.D.) ACJM Court No.19, Sultanpur, in criminal case No.5630/2023 "State of U.P. Vs. Raghunath and others" U/s 147, 148, 323, 504, 506, 452, 354Ka, IPC, P.S. Sangrampur, District Amethi, against the applicants/petitioners." 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 applicants that the applicants would appear before the court concerned, it is provided that if the applicants 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 applicants so far as the proceedings in issue are concerned. In case, the applicants do not appear in terms of this order, coercive action shall be taken against them. The present application is disposed of in above terms. Order Date :- 24.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench