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2025 DAILYLAW 200320 (ALL)

RAKESH SINGH @ RAKESH SING AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/3252/2025 · 2025-10-13

Saurabh Lavania

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 3252 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the parties. The present appeal has been filed for the following main relief(s):- "The Appellants, named above, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the orders dated 10.12.2024 and 19.02.2025 whereby the Non-Bailable Warrants as well as the proclamation under Section 82 CrPC has been issued against them owing to their non-appearance before the Learned trial court on the dates fixed due to the miscommunication made by the earlier counsel in the interest of justice and also in view of the undertaking given by them before this Hon'ble Court." 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 appellant that the appellant would appear before the court concerned, it is provided that if the appellants appear before the court concerned within two weeks from today and move 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. Versus Counsel for Appellant(s) : Dheeraj Awasthi, Shailendra Kumar Mishra Counsel for Respondent(s) : G.A. Rakesh Singh @ Rakesh Sing And Another .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Respondent(s) For a period of two weeks, no coercive action shall be taken against the appellants so far as the proceedings in issue are concerned. In case, the appellants do not appear in terms of this order, coercive action shall be taken against them. The present appeal is disposed of in above terms. October 13, 2025 Jyoti/- CRLA No. 3252 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench