Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 127139 (ALL)

VISHAVMBHAR DAYAL @ VISHAVMBHAR DAYAL DUBEY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/2096/2025 · 2025-03-11

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:14649 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2096 of 2025 Applicant :- Vishavmbhar Dayal @ Vishavmbhar Dayal Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Amit Kumar Singh,Prashansa 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):- "WHEREFORE, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to set-aside/quash the impugned N.B.W./82/83 Cr. P.C. order dated 21.01.2025 passed by the court of learned Additional District & Sessions Judge/II NDPS Act, Lucknow in Crl. Case No. 172/2008 (State Versus Vishavmbhar Dayal) arising out of Case Crime No. 105/2008, Under Section-21/22 of N.D.P.S. Act pertaining to Police Station-G.R.P. Charbagh, Lucknow, as contained in Annexure No. 1 to this petition, 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 him. The present application is disposed of in above terms. Order Date :- 11.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench