DILEEP KUMAR PATHAK v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/1236/2025 · 2025-09-12
Saurabh Lavania
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 164299 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164299 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1236 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the parties. 2. The present application has been filed for the following main relief(s):-
"For the facts, reasons and circumstances as stated in the accompanying application, which is duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to stay the effect and operation of non bailable warrant order dated 23.04.2025 passed by the court. of Learned Session Judge, Lucknow in Criminal Appeal No. 48 of 2025; Dileep Kumar Pathak Vs. State of U.P. and another, Under Section: 415(2) B.N.S.S. arising out of Complaint Case No. 553 of 2017 Under Section 138 of The Negotiable Instruments Act, 1881, Police Station P.G.I., District Lucknow (contained as Annexure No. 1), in the interest of justice."
3. 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. 4. For a period of two weeks, no coercive action shall be taken against the applicant so far as the proceedings in issue are concerned. 5. In case, the applicant does not appear in terms of this order, coercive action Versus Counsel for Applicant(s) : Arun Kumar Singh Yadav Counsel for Opposite Party(s) : G.A. Dileep Kumar Pathak .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
shall be taken against him. 6. The present application is disposed of in above terms.
September 12, 2025 DiVYa NA528 No. 1236 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench