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2025 DAILYLAW 164432 (ALL)

SACHIN MISHRA @ ADARSH MISHRA v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS

NA528/1241/2025 · 2025-09-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1241 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. 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 order dated 18.08.2025 passed by the Learned Chief Judicial Magistrate, issuing Non-Bailable Warrant against the applicant and all subsequent proceedings arising therefrom, pending before the Learned Court below, so far it relates to the applicant, in the interest of justice. (Annexure No-1) OR this Hon'ble court may kindly be pleased to pass an order allowing the applicant to move a recall application against the impugned order dated 18.08.2025 before the court below, 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 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. Versus Counsel for Applicant(s) : Ajai Kumar Shukla, Nisha Devi, Shivali Yadav Counsel for Opposite Party(s) : G.A. Sachin Mishra @ Adarsh Mishra .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 4 Others .....Opposite Party(s) 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 17, 2025 ML/- NA528 No. 1241 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench