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2025 DAILYLAW 125367 (ALL)

PABARU YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER

A482/1714/2025 · 2025-03-03

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12739 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1714 of 2025 Applicant :- Pabaru Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Jeevan Kumar Yadav,Ajeet Kumar Yadav,Ashok Kumar Bhaskar,Ashwani Kumar,Subhash Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. The present application under Section 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):- "to quash the impugned order dated 14.7.2022 and other similar order passed on several dated passed by Additional Session Judge/ F.T.C.-1/Special Judge Gangsters Court, Sultanpur, in S.T. No. 11/16, State Versus Shailendra Yadav and others, arising out of Case Crime No. 787 of 2015, U/s - 2/3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Musafirkhana, District- Amethi, by which N.B.W. has been issued against the petitioner (contained as Annexure No.3), 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 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 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 them. The present application is disposed of in above terms. Order Date :- 3.3.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench