CHHOTE LAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER
A482/968/2025 · 2025-02-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121262 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121262 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7098 Court No. - 12 Case :- APPLICATION U/S 482 No. - 968 of 2025 Applicant :- Chhote Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Amar Nath Dubey 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 criminal proceeding of Criminal Misc. Case No. 334/2015, arising out of charge sheet dated 6.1.2002 as well as impugned summoning order dated 5.2.2002 passed by the learned Additional Judicial Magistrate, II Pratapgarh as well as non bailable warrant dated 2.6.2023, pertaining to case crime No. 6/2002, under Sections-325, 323, 504 I.P.C. Police Station-Maheshganj, District- Pratapgarh, State of U.P. Versus Rajesh Kumar Yadav and others pending in the court of learned Civil Judge (Senior Division)/F.T.C. II, Pratapgarh, so far relates to the petitioner and further it may be pleased to stay the criminal proceeding of Criminal Misc. Case No. 334/2015, arising out of charge sheet dated 6.1.2002 as well as impugned summoning order dated 5.2.2002 passed by the learned Additional Judicial Magistrate, II Pratapgarh as well as non bailable warrant dated 2.6.2023, pertaining to case crime No. 6/2002, under Sections-325, 323, 504 I.P.C. Police Station-Maheshganj, District-Pratapgarh, State of U.P. Versus Rajesh Kumar Yadav and others pending in the court of learned Civil Judge (Senior Division)/F.T.C. II, Pratapgarh, so far relates to the petitioner, 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 :- 4.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench