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2025 DAILYLAW 126621 (ALL)

PRADEEP KUMAR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/1994/2025 · 2025-03-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13637 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1994 of 2025 Applicant :- Pradeep Kumar Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Umesh Chandra 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):- "I. To issue an order or direction quashing the Order dated 22.12.2023 directing issue of Non- bailable Warrant and consequential Non Bailable Warrant dated 22.12.2023 passed by In-charge Chief Judicial Magistrate- IV, Room No. 28, Lucknow as well as Order issuing process U/s-82 Cr. P. C. dated 17.02.2025 and consequential proclamation Notice dated 17.02.2025 issued by Additional Chief Judicial Magistrate IV, Room No. 28, Lucknow, in F.I.R. No. 11/2023, U/S 406, 419, 420, 467, 468, 471, 504, 506, I.P.C. Police Station- Vikas Nager, District- Lucknow as contained in Annexure No.1, 2, 3 and 4 respectively to the affidavit filed in support of this Petition so far as same relates to petitioner. II. To stay the operation of impugned orders dated 22.12.2023 and 17.02.2025 as contained in Annexure No.1, 2, 3 and 4 respectively to the affidavit filed in support of this Petition so far as same relates to petitioner, during pendency of the present petition before this Hon'ble Court 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 Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116, 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 him. The present application is disposed of in above terms. Order Date :- 6.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench