SARIKA ALIAS SARIKA SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/5984/2025 · 2025-07-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152726 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152726 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43343 Court No. - 13 Case :- APPLICATION U/S 482 No. - 5984 of 2025 Applicant :- Sarika Alias Sarika Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- I.P. Singh (Indra Pal Singh) Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. The present application has been filed for the following main relief(s):-
"(i) Set-aside the impugned N.B.W. dated 26.08.2015 and entire proceeding of Criminal Case No. 19493/2001, arising out of Case Crime No. 0110/2001, U/s 323, 302 I.P.C., Police Station-Jamo, District-Sultanpur (so far it relates to the petitioner), pending in the court of learned Chief Judicial Magistrate, Court No. 16, Sultanpur (contained at Annexure No. 1 to this petition). (ii) To set-aside the entire proceeding of Criminal Case No. 19493/2001, arising out of Case Crime No. 110/2001, U/s 323, 302 I.P.C., Police Station-Jamo, District- Sultanpur (so far it relates to the petitioner), pending in the court of learned Chief Judicial Magistrate, Court No. 16, Sultanpur." 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. 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 her. The present application is disposed of in above terms. Order Date :- 28.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench