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2025 DAILYLAW 164076 (ALL)

GYANESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND ANOTHER

A482/7730/2025 · 2025-09-16

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7730 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:- "For the facts, reasons and circumstances stated in the accompanying petition, duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set aside the entire criminal proceeding of Case No. 2924/2009 (State Versus Gyanesh Kumar) arising out of Case Crime No. 341/2009, U/S-498- A & 323 of 1.P.C. Police Station Sarojani Nagar, District-Lucknow including the order dated 14.11.2024 passed by the learned Additional Chief Judicial Magistrate C.B.I. (AP) Lucknow whereby Non Bailable Warrant has been issued against the applicant/petitioner. The Hon'ble Court may further be pleased to stay the further proceeding of Case No. 2924/2009 (State Versus Gyanesh Kumar) arising out of Case Crime No. 341/2009, U/S-498-A & 323 of L.P.C. Police Station Sarojani Nagar, District- Lucknow, pending before Additional Chief Judicial Magistrate C.B.I. (AP) Lucknow, in the interest of justice." 3. It is argued by learned counsel for the applicant that the applicant is husband and he could not appear due to unavoidable circumstances on 14.11.2024 and, thereafter, the non-bailable warrant has been issued against him. He submits that the applicant undertakes that he will appear before the trial court on each and every date fixed further. 4. Learned counsel appearing for the State has no objection. Versus Counsel for Applicant(s) : Pradeep Kumar Singh Vats, Manoj Kumar Tiwari Counsel for Opposite Party(s) : G.A. Gyanesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And Another .....Opposite Party(s) 5. In view of the aforesaid submission, particularly the undertaking given by the learned counsel for the applicant, the non-bailable warrant issued against the applicant is hereby kept in abeyance. The applicant is directed to appear before the learned trial court on the next date fixed and he will keep on appearing on each and every date fixed and will not remain absent without application in writing with cogent reasons, failing which, the learned trial court is at liberty to proceed, in accordance with law. 6. The instant application is disposed of in aforesaid terms. September 16, 2025 Mohd. Sharif A482 No. 7730 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench