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2025 DAILYLAW 125060 (ALL)

RAKESK KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/1717/2025 · 2025-03-07

Saurabh Lavania

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14100 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1717 of 2025 Applicant :- Rakesk Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Kapil Dev Srivastava,Deepak Kumar 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, as mentioned in the accompanying affidavit, it is respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Proceedings of Criminal Case No. 1945 of 2007 arising out from case crime no. 117 of 2002, dated 23.10.2002, under section 324,504,506 IPC, P.S. GRP, District Unnao, State Versus Rajol Singh and others after summoning the record of the same, pending in the court of Additional Chief Magistrate Court No. 3 Unnao, District Unnao, so for as it relates to the petitioner, in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceedings of the above noted criminal case during the pendency of present case as contained in ANNEXURE NO.2, so for as it relates to the petitioner." 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 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 her. The present application is disposed of in above terms. Order Date :- 7.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench