MANOJ KUMAR SINGH ( IN FIR MANOJ SINGH ) AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/1798/2025 · 2025-03-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125615 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125615 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12912 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1798 of 2025 Applicant :- Manoj Kumar Singh ( In Fir Manoj Singh ) And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dhirendra Pratap Singh 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 stated in the accompanying Affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash, the order dated 5.11.22 passed by the Learned Special Judge Gangesters Act Raebareli, in case number 549/2012, arising out of case crime no 138/2009 U/S-2/3 of The U.P. Gangsters and Anti Social Activities (Prevention) Act 1986 P/S Unchahaar District Raebareli, as well as the Non Bailable Warrant issued against the petitioners and Notice to Sureties and the proceedings U/S 82 Cr.P.C may also be quashed, 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 applicants that the applicants would appear before the court concerned, it is provided that if the applicants 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 applicants so far as the proceedings in issue are concerned. In case, the applicants do 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 :- 4.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench