MOHD. SAIF v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5054/2025 · 2025-06-16
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146636 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146636 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35639 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5054 of 2025 Applicant :- Mohd. Saif Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohemmed Amir Naqvi,Amjad 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 and perused the record.
2. The present application has been preferred with the following main prayer:-
" Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the order dated 23.12.2022 passed by Special Judicial Magistrate, CBCID, Lucknow in case crime No. 1506/2019 u/s 409,420,467,468,471 and 120 B IPC P.S. Gomti Nagar District Lucknow."
3. Learned counsel for the applicant submitted that a non- bailable warrant has been issued by the learned court below in the most mechanical manner on the application of the Investigating Officer as he is ready to investigate in the investigation.
4. Learned A.G.A vehemently opposed the prayer of the applicant and has submitted that the applicant is not co- operating in the investigation therefore, under compulsion, an application was moved before the Magistrate along with the evidence that the applicant is not co-operating in the investigation, therefore, non-bailable warrant be issued and learned court below has rightly issued the non-bailable warrant and there is no illegality in the order passed by the learned court below, therefore, the application may be rejected.
5. Considering the submissions of learned counsel for parties, material available on record, contents of the impugned order as well as other relevant documents, it is evident from the impugned order that the applicant was not co-operating in the investigation, therefore, the application was moved before the competent court by the Investigating Officer and the non-bailable warrant was issued, therefore, no interference is required, accordingly, the application is misconceived and is hereby dismissed. Order Date :- 16.6.2025/DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench