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2025 DAILYLAW 159672 (ALL)

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

A482/7216/2025 · 2025-09-01

Saurabh Lavania

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7216 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 non bailable warrant order dated 05.07.2025 passed by the court of Learned Session Judge, Lucknow in Criminal Appeal No. 54 of 2023; Vinod Kumar Awasthi Vs. State of U.P. and another, Under Section: 374(3) Cr.P.C. arising out of Complaint Case No. 717 of 2017 Under Section 138 of The Negotiable Instruments Act, 1881, Police Station Aliganj, District Lucknow and permit the petitioner to deposit 20 percent of fine awarded in the Complaint Case No. - 717 of 2017 within suitable period of time which this Hon'ble Court may deemed fit just and proper (contained as Annexure No. 1), 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 Versus Counsel for Applicant(s) : Arun Kumar Singh Yadav Counsel for Opposite Party(s) : G.A. Vinod Kumar Awasthi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 him. The present application is disposed of in above terms. September 1, 2025 Arun/- A482 No. 7216 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench