RAM TILAK ALIAS RAM TILAK VISHWKARMA v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 4 OTHERS
A482/1327/2025 · 2025-02-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123108 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123108 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:9201 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1327 of 2025 Applicant :- Ram Tilak Alias Ram Tilak Vishwkarma Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Rahul Srivastava,Anand Kumar Srivastava,Archana Devi 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 impugned order of N.B.W. issued Dated- 16.10.2024 as well as Proceedings of under Section 82 Cr.P.C. dated 21.12.2024 bearing case No.35/2015 arising out of F.I.R. No.44/2015 under section 376, 363, 366 I.P.C. & 3/4 Pasco Act, Police Station- Ahirauli, District- Ambedkar Nagar (State versus Ram Tilak) contained as Annexure No.1. pending in the court of Learned Special Judge Pasco Act Ambedkar Nagar 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 :- 12.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench