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2025 DAILYLAW 151981 (ALL)

PRASHANT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5811/2025 · 2025-09-03

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 5811 of 2025 Court No. - 11 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 respectfully prayed that this Hon'ble court may kindly be pleased to set aside the impugned order dated 22.11.2024, passed by Additional Court Faizabad, in Complaint case No.5702/2018 (Jwala Prasad Vs. Prashant Kumar) Under Section 138 N.I.A. Act, Police Station Kotwali Nagar, District Faizabad now Ayodhya 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 appears before the court concerned within two weeks from today and moves 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. Versus Counsel for Applicant(s) : Julfikar Ahmad, Mahmood Alam Counsel for Opposite Party(s) : G.A. Prashant Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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. September 3, 2025 Arun/- A482 No. 5811 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench