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2025 DAILYLAW 141477 (ALL)

RAJ KUMAR AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME GOVT. OF U.P. LKO. AND 2 OTHERS

A482/4368/2025 · 2025-06-02

Manjive Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34252 Court No. - 5 Case :- APPLICATION U/S 482 No. - 4368 of 2025 Applicant :- Raj Kumar And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Govt. Of U.P. Lko. And 2 Others Counsel for Applicant :- Aashish Srivastava,Anuj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Heard Sri Jayant Shukla, Advocate holding brief of Sri Ashish Srivastava, learned counsel appearing for the applicants and learned Additional Government Advocate appearing for the State. 2. The instant Application under Section 482 Cr.P.C./528 of B.N.S.S., 2023 has been filed challenging therein, the order dated 28.03.2022 whereby, the learned Additional Chief Judicial Magistrate Kunda, Pratapgarh had issued recovery warrant and non bailable warrant against Applicant No. 1, Raj Kumar. 3. It has been contended on behalf of the applicants that an ex- parte order had been passed in the proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2012 and for execution of the said order, the learned trial court had issued recovery warrant and non bailable warrant vide its order dated 28.03.2022. Learned counsel appearing for the applicants submits that the Applicant No. 1 may be permitted to appear before the court through counsel within 15 days from today and may file an application for recall of the order dated 28.03.2022 and till the disposal of the application, the execution of the recovery warrant and non bailable warrant may be stayed. 4. Learned Additional Government Advocate appearing for the State has no objection if the Applicant No. 1 is permitted to appear through counsel before the trial court and file an application for recall of the order dated 28.03.2022. 5. I have considered the arguments advanced by the learned counsel appearing for the applicants and it appears that an ex- parte order is being executed by the trial court and in furtherance thereof, the order dated 28.03.2022 had been passed whereby, recovery-warrant and non bailable warrant have been issued against the Applicant No. 1. 6. In view of the aforesaid reasons, this application is disposed of with liberty to the Applicant No. 1 to appear before the trial court through counsel within a period of 15 days from today and file an application for recall of the order dated 28.03.2022. 7. It is further provided that if the application for recall of the order dated 28.03.2022 is filed within the aforesaid period of 15 days, the execution of the non bailable warrant shall remain stayed till the disposal of the application for recall of the order dated 28.03.2022. Order Date :- 2.6.2025 A. Mandhani Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad, Lucknow Bench