Application for quashing of impugned order and issuance of N.B.W. in u/s 279, 304-A IPC case. Court directed applicant to appear before trial court within two weeks. Petition disposed of on conditions.
Order disposed on condition of applicant's appearance within two weeks in trial court.
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Neutral Citation No. - 2024:AHC-LKO:79238
Court No. - 12
Case :- APPLICATION U/S 482 No. - 10872 of 2024
Applicant :- Rakesh Kumar Singh Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Ashwani Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
The present petition has been filed for the following main relief(s):-
"For the facts, reasons and circumstances stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be please to quash the impugned order dated 16-11-2024 passed by the learned Additional Civil Judge (J.D.)-02, Sitapur in Case No. 32/1993, "State versus Rakesh Singh", in connection with the case crime NO. 136/1992, under section 279, 304-A, I.P.C., Police Station-Atariya, District Sitapur, whereby the non bailable warrant has been issued against the applicant and process under section 82 and 83 Code of Criminal Procedure has also been issued against the applicant and this Hon'ble Court may also be please to stay the entire proceedings of Case No. 32/1993, "State versus Rakesh Singh", pending before the learned Additional Civil Judge (J.D.)-02, Sitapur, 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, 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 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.
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 petition is disposed of in above terms.
Order Date :- 29.11.2024 Jyoti/-
Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the impugned order acquitting the applicant and the consequent N.B.W. should be quashed under s. 482 CrPC.
Colour shows how this judgement treated each authority
Inder Mohan Goswami and another vs. State of Uttranchal and othersReferred¶9
(2007) 12 SCC 1 · Who else cites this
Sunil Tyagi vs. Govt. of NCT of Delhi and anotherReferred¶9
2021 SCC OnLine Del 3597 · Who else cites this
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶9
(2022) 10 S.C.R. 351 : (2022) 10 SCC 51 · Who else cites this
4 provisions across 2 enactments
Rakesh Kumar Singh
State Of U.P.
Saurabh Lavania
Jyoti Rajwani
As recorded by the court registry
2 orders share this CNR
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