ABHAI KUMAR KHANDELWAL AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/6830/2025 · 2025-08-21
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158792 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158792 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49124 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6830 of 2025 Applicant :- Abhai Kumar Khandelwal And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Kartikay Singh,Vijay Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. The present application under Section 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):-
"tto quash the NBW against the petitioner/ applicant issued on 09.06.2025 in the Criminal complaint Case No.110/2012 (new No.605/2016), Kamlesh Singh versus Abhai Kumar Khandelwal and others,
under
section
471
IPC
(now 193/194/195/196/209/420/467/468/469/229/230/231/233/246/318(4)/ 338/336 (3)/336 (4)/340 (2) of BNS-2023) which is pending in the court of Judicial Magistrate, Room No.24 Pratapgarh." 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 applicants that the applicants would appear before the court concerned, it is provided that if the petitioner appear before the court concerned within three weeks from today and move 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 three weeks, no coercive action shall be taken against the applicants so far as the proceedings in issue are concerned. In case, the applicants do not appear in terms of this order, coercive action shall be taken against them. The present application is disposed of in above terms. Order Date :- 21.8.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench