Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 183637 (ALL)

PANKAJ KUMAR KANOJIA v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

/10053/2025 · 2025-12-09

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10053 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the parties. 2. The present application has been filed for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the non bailable warrant order dated 17.05.2024 of the Case no. 2689/96, Case crime No. 783/94, U/s 147,504,506,452,427 I.P.C. P.S. Gazipur, District Lucknow (State of U.P.......vs.......Shiv Kumar Singh and Others) Pending in the Court of Special C.J.M. (Custom) Lucknow. Copy of order sheet dated 17.08.2015 to 16.07.2025 is being annexed herewith as ANNEXURE No. 1 to this petition." 3. Considering the facts and circumstances of the case and also the law laid down by the Hon'ble Apex Court in the case(s) of Inder Mohan Goswami and another vs. State of Uttranchal and others, (2007) 12 SCC 1; Sunil Tyagi vs. Govt. of NCT of Delhi and another, 2021 SCC OnLine Del 3597; Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116, according to which, once the investigation is over and the charge-sheet is filed then the accused should be asked to appear before the court concerned and should furnish bail bonds to the satisfaction of the trial court, and also taking note of the statement of the 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 four 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 four 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. December 9, 2025 Arun/- Versus Counsel for Applicant(s) : Prateek Kumar Srivastava, Gaurav Bajpai Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Pankaj Kumar Kanojia .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench