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2025 DAILYLAW 168078 (ALL)

AASTHA KRISHI SEWA KENDRA SARAIYA SHANI THRU. PROP. ALOK KUMAR MAURYA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/1412/2025 · 2025-09-26

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1412 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the parties. 2. The present application has been filed by the applicant against the summoning order dated 04.02.2023 and non-bailable warrant dated 04.07.2025, passed by Judicial Magistrate, Mahmoodabad, Sitapur. 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 shall be taken against him. 6. The present application is disposed of in above terms. September 26, 2025 Anand/- Versus Counsel for Applicant(s) : Kanchan Maurya Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Aastha Krishi Sewa Kendra Saraiya Shani Thru. Prop. Alok Kumar Maurya .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench