RAFEEK v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
/2032/2025 · 2025-12-04
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185963 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185963 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2032 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicant as well as learned Additional Government Advocate and perused the record.
2. By means of this application under Section 482 Cr.P.C./Section 528 B.N.S.S., the applicant has sought following main relief(s):-
"to quash the order dated 04.11.2025 passed in Case No. 10140 of 2025 (Computerized No. T202508150610140) (State Versus Rafeek) related to Sections 170, 126, 135 of B.N.S.S, 2023 at Police Station - Motipur, District - Bahraich, whereby the learned Sub Divisional Magistrate, Tahsil - Mihinpurwa (Motipurwa), District - Bahraich issued a warrant against the applicant to appear the applicant before him, in the interest of justice."
3. Learned counsel for the applicant submits that only for one day, the applicant could not appear before Sub Divisional Magistrate, Tahsil - Mihinpurwa (Motipurwa), District - Bahraich and the warrant has been issued vide order dated 04.11.2025, which is impugned herein. He further submits that and he is ready to co-operate in the proceedings in future.
4. Without entering into the merits of the case, I hereby direct that the applicant will file an application for recall of order dated 04.11.2025, within a period of two weeks from today. After the said application is filed, learned Court below is directed to take decision on the same within Versus Counsel for Applicant(s) : Gyan Singh Counsel for Opposite Party(s) : G.A. Rafeek .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s)
a period of four weeks thereafter. Till expiry of six weeks or disposal of application, whichever is earlier, the impugned order shall remain stayed.
5. With the aforesaid observations/directions, this application stands disposed of. December 4, 2025 Mohit Singh/- NA528 No. 2032 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench