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2025 DAILYLAW 121435 (ALL)

MOHD. CHAND @ CHAND BABU v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

A482/1001/2025 · 2025-02-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7394 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1001 of 2025 Applicant :- Mohd. Chand @ Chand Babu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Vinay Kumar Verma,Abhishek Srivastava 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):- "It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 14-03-2022 passed by Ld. Court of Special Judge, Gangsters Act/Addl. District Judge, Court No. 5, Lucknow in Special Trial No. 577/2017 styled as State Vs. Mohd. Chand & Ors. arises out of Crime No. 0324/2016 U/s 2, 3 U. P. Gangsters Act, 1986 P. S. Hussainganj, Lucknow against the petitioner, whereby setting aside non-bailable warrant issued against the petitioner in the interest of justice. It is being further prayed that the Hon'ble Court may graciously be further pleased to stay the further proceedings of impugned criminal case during the pendency of the present 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 application is disposed of in above terms. Order Date :- 5.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench