CHAND BABU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/11979/2024 · 2025-01-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170802 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170802 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:864 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11979 of 2024 Applicant :- Chand Babu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Abhishek Srivastava,Anubhav Prakash Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):-
"I. Quash the impugned order dated 05-10-2024 passed by Ld. Court of Special Judge, P. C. Act-II, Lucknow in Session Trial No. 117/2018 styled as State Vs. Ashraf Khan & Ors. arises out of Crime No. 219/2016 U/s 379, 411, 413, 414, 419, 420, 467, 468, 470, 471 IPC P. S. Chowk, Lucknow against the petitioner; whereby process U/s 82 CrPC and non-bailable warrant issued against the petitioner, in the interest of justice. II. Quash impugned order dated 24-05-2024 passed by Ld. Court of Special Judge, P. C. Act-II, Lucknow in Session Trial No. 117/2018 styled as State Vs. Ashraf Khan & Ors. arises out of Crime No. 219/2016 U/s 379, 411, 413, 414, 419, 420, 467, 468, 470, 471 IPC P. S. Chowk, Lucknow against the petitioner; whereby non-bailable warrant issued against the petitioner, 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 :- 7.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench