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2025 DAILYLAW 170933 (ALL)

PRADEEP KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO

A482/11968/2024 · 2025-01-03

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Neutral Citation No. - 2025:AHC-LKO:368 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11968 of 2024 Applicant :- Pradeep Kumar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Upendra Prakash Pathak 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 further prayed that this Hon'ble Court may become pleased to quash quashing of the N.B.W. Order dated 17.06.2023 as well as N.B.W. Order dated 23.11.2024 Passed by the Learned Court of Additional Chief Judicial Magistrate Court No. 17 Barabanki, in Criminal Case No. 844/2012 arising out of Case Crime No. 85 of 2012 lodged Under Section 325,323,504,506 I.P.C., Police Station- Dewan, District- Barabanki (State Vs Kamlesh & Others) pending in the court of Learned Court of Additional Chief Judicial Magistrate Court No. 17 Barabanki and allow the petitioner to appear before the court and further prayed to stay the proceedings of the Criminal Case No. 844/2012_(State Vs Kamlesh Kumar and others) pending in the court of Learned Additional Chief Judicial Magistrate Court No. 17 Barabanki till the pendency of this petition." 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