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2025 DAILYLAW 170490 (ALL)

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

A482/11894/2024 · 2025-01-03

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:379 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11894 of 2024 Applicant :- Hraday Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Roshan Babu Gupta,Shushil Kr. Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. The present application has been filed for the following main relief(s):- "it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned order dated 18.02.2020 and 20.09.24 (Annexure no.5 ) whereby the Learned Trial Court had issued N.B.W. against the applicant/accused as well as subsequent orders in Case Crime no. 261/2008 under section-354/504 of IPC, State of U.P. vs. Hraday Kumar, relating to P.S. Malihabad, District Lucknow, pending in Court of Spl Chief Judicial Magistrate (Customs) Lucknow, and to allow the applicant to participate in the trial, 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. 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 appeal is disposed of in above terms. Order Date :- 3.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench