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2025 DAILYLAW 135072 (ALL)

RAHUL DWIVEDI @ R.D. v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO.

A482/3546/2025 · 2025-05-08

Om Prakash Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26928 Court No. - 30 Case :- APPLICATION U/S 482 No. - 3546 of 2025 Applicant :- Rahul Dwivedi @ R.D. Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. Counsel for Applicant :- Ayodhya Prasad Mishra A.P. Mishra,Ankit Singh,Rituraj Mishra,Shesh Ram Verma Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. 1. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. 2. The present application under Section 482 Cr.P.C.(Now Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):- "to quash and set-aside the order dated 29.03.2025 passed by learned Additional District and Sessions Judge/Special Judge (Prevention of Corruption Act) Court No.7, District-Lucknow contained as Annexure No.1 as well as NBW issued on 16.01.2016, 03.03.2016 and subsequently nwards issued by the learned trial court concerned contained as Annexure No.5 relating ST NO.286/2015, vide Crime No.610A/2014 registered under Section 323, 504, 506 and 307 I.P.C., Police Station-Chinhat, District-Lucknow pending in the name of State of Uttar Pradesh vs. Rahul Dwivedi and another and during pendency of the present petition the implementation of the impugned order which relates with the recall of non bailable warrants issued against the petitioner by learned trial court may kindly be stayed and kept in abeyance in the ends of justice." 3. 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. 4. 4. For a period of two weeks, no coercive action shall be taken against the applicant so far as the proceedings in issue are concerned. 5. In case, the applicant does not appear in terms of this order, coercive action shall be taken against him. 6. The present application is disposed of in above terms. (Om Prakash Shukla, J.) Order Date :- 8.5.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench