PAWAN MISHRA @ PAWAN KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
/9909/2025 · 2025-11-28
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174442 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174442 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9909 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application has been filed for the following main relief(s):-
"To Set-aside the Non-Bailable Warrant dated 24-11-2023 passed by the Court of Special Judge PC Act, 5 District-Lucknow In Session Trial No.310/2018, Case Crime No.467/2017, U/S- 364, 392, 411, 413, 414 I.P.C. P/S-Banthra District-Lucknow contained as Annexure No.1, In pursuance of the bail order dated 26-07-2018 in Bail Application No.6122/2018 passed by this Hon'ble Court in the interest of justice. To direct the opposite parties to recall the Non-Bailable Warrant dated 24-11-2023 passed by the Court of Special Judge PC Act, 5 District-Lucknow In Session Trial No.310/2018, Case Crime No.467/2017, U/S-364, 392, 411, 413, 414 I.P.C. P/S-Banthra District-Lucknow, In pursuance of the bail order dated 26-07- 2018 in Bail Application No.6122/2018 passed by this Hon'ble Court 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, Versus Counsel for Applicant(s) : Arun Kumar Shukla Counsel for Opposite Party(s) : G.A. Pawan Mishra @ Pawan Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s)
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. November 28, 2025 ML/- A482 No. 9909 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench