MOHD.TALIB v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER
A482/4965/2025 · 2025-06-19
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146136 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146136 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35999 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4965 of 2025 Applicant :- Mohd.Talib Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Mohammad Irfan Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The instant application has been filed praying for the following main relief(s):
"Wherefore, it is most respectfully prayed that this Hon'ble court may graciously be pleased to quash the impugned order dated 18.07.2024 by which the learned Additional District Judge Court No. 17, Lucknow issued non bailable warrant against the petitioner as well as its consequential order against the petitioner in the impugned S.T. No. 816 of 2020, Case Crime No. 0251 of 2019, U/S- 420, 414, 413, 411, 379, of I.P.C., Police station Chowk, District Lucknow, State versus Imran & others, in the respect of petitioner, contained as Annexure
no.
1
to
this
petition. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of S.T. No. 816 of 2020, Case Crime No. 0251 of 2019, U/S-420, 414, 413, 411, 379, of I.P.C., Police station Chowk, District Lucknow, State versus Imran & others, impugned order dated 18.07.2024 by which the learned Additional District Judge Court No. 17, Lucknow issued non bailable warrant against the petitioner as well as its consequential order against the petitioner till disposal of present petition."
3. Learned counsel for the applicant submits that applicant was enlarged on bail in case crime in question and thereafter chargesheet was submitted but summon was not served on the applicant therefore he was not aware about pendency of trial of the case in question and thereafter non bailable warrant was issued by the learned court below, therefore he requested for kind indulgence of this Court.
4. Learned AGA vehemently opposed the prayer of the applicant and submitted that in case the warrant was issued then it was appropriate to have moved application for recall of the
order therefore the application is not maintainable.
5. Considering the submissions of learned counsel for the parties and going through the contents of the application as well as other relevant material, the present application is disposed of with liberty to the applicant to move application for recall of the
order in question dated 18.07.2024 within a period of two weeks from today.
6. In case the aforesaid application is filed the same shall be considered and decided by a reasoned and speaking order in accordance with law.
7. Till disposal of aforesaid application, no coercive step be taken against the applicant.
Order Date :- 19.6.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench