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2025 DAILYLAW 164683 (ALL)

ATISH KUMAR PAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7783/2025 · 2025-09-15

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7783 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 may kindly be pleased to set aside the impugned order dated 15.07.2025, passed by Hon'ble Court of Additional chief Judicial Magistrate III, Faizabad, in Complaint case No.2253/2023 (Pankaj Kumar Yadav Vs. Atish Kumar Pal) Under Section 138 N.I.A. Act, Police Station Inayatnagar, District - Faizabad now Ayodhya as contained in Annexure No. 1 to this petition 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 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. Versus Counsel for Applicant(s) : Julfikar Ahmad Counsel for Opposite Party(s) : G.A. Atish Kumar Pal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....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 15, 2025 Jyoti/- A482 No. 7783 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench