SANDEEP KUMAR v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER
A482/6493/2025 · 2025-08-08
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157043 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157043 (ALL) · dailylaw.ai ]
Judgment text
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1 Neutral Citation No. - 2025:AHC-LKO:46494 Court No. - 28 Case :- APPLICATION U/S 482 No. - 6493 of 2025 Applicant :- Sandeep Kumar 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 Brij Raj Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 12.03.2024 by which the learned Additional District Judge Court No. 8, Lucknow issued non bailable warrant as well as its consequential order against the petitioner in the impugned S.T. No. 945 of 2013, Case Crime No. 0274/05, Under Section -147, 148, 149, 307, 323, 504, 506, of I.P.C. Police station - Talkatora, District – Lucknow :State versus Sandeep and others.
3. The applicant has challenged the NBW dated 12.03.204 on the ground that the petitioner was medically unfit and was admitted in the civil hospital, and he also informed his counsel; however, the NBW was issued. He has submitted that he will surrender before the court below within three weeks from today.
4. Learned A.G.A. has opposed the application of the applicant and has submitted that he committed a default; therefore, the NBW was issued in compelling circumstances.
5. In view of the facts and circumstances of the case, I stay the operation of the NBW passed in S.T. No. 945 of 2013, Case Crime No. 0274/05, Under Section -147, 148, 149, 307, 323, 504, 506, of I.P.C. Police station - Talkatora, District – Lucknow :State versus Sandeep and others, for three weeks.
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6. The applicant will surrender before the trial court within three weeks from today, and the trial court will pass an appropriate orders in accordance with law.
7. The application stands disposed of. Order Date :- 8.8.2025 Arvind (Brij Raj Singh,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench