Narendra Kumar @ Mulla Vs State of U.P. through Secretary, Home Department, Civil Secretariat Lucknow and Anr. — Allahabad HC (2025) — LawSathi Research

Narendra Kumar @ Mulla Vs State of U.P. through Secretary, Home Department, Civil Secretariat Lucknow and Anr. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: applicant to appear before the trial court within two weeks and move an appropriate application including for recall of the non-bailable warrant, to be decided expeditiously per law; no coercive action against the applicant for two weeks; failure to appear invites coercive action.

Issue for consideration

Whether the charge sheet in Case Crime No. 172/1991 (Sections 41/411 IPC, PS Sahadatganj, District Lucknow), the summoning order dated 06.06.1992, the N.B.W. order dated 10.01.2025 and the entire proceedings against the applicant should be quashed. +1 more

Court's answer

If the applicant appears before the court concerned within two weeks and moves an appropriate application before the trial court, including for recall of the non-bailable warrant, the trial court shall consider and decide it expeditiously, strictly in accordance with law.

Ratio / Principle

For a period of two weeks, no coercive action shall be taken against the applicant in respect of the proceedings in issue.

Key takeaways

In case the applicant does not appear in terms of the order, coercive action shall be taken against him.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Saurabh Lavania, J.; order dated 5.3.2025; Neutral Citation No. 2025:AHC-LKO:13288) disposed of an Application U/S 482 No. 1821 of 2025 filed by Narendra Kumar @ Mulla seeking quashing of the charge sheet arising out of Case Crime No. 172/1991 (Sections 41/411 IPC, PS Sahadatganj, District Lucknow), the summoning order dated 06.06.1992, the N.B.W. order dated 10.01.2025 and the entire proceedings before the learned Judicial Magistrate A.T.S., Lucknow. Considering the law laid down in Inder Mohan Goswami v. State of Uttranchal, (2007) 12 SCC 1; Sunil Tyagi v. Govt. of NCT of Delhi, 2021 SCC OnLine Del 3597; and Satender Kumar Antil v. CBI, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51, and counsel's statement that the applicant would appear before the court concerned, the court directed that if the applicant appears within two weeks and moves an appropriate application including for recall of the non-bailable warrant, the trial court shall decide it expeditiously strictly in accordance with law; no coercive action was to be taken for two weeks, failing which coercive action would follow. The quashing prayer itself was not adjudicated on merits.

Neutral Citation No. - 2025:AHC-LKO:13288

Court No. - 12

Case :- APPLICATION U/S 482 No. - 1821 of 2025

Applicant :- Narendra Kumar @ Mulla Opposite Party :- State Of U.P. Through Secretary, Home Department, Civil Secretariat Lucknow And Anr. Counsel for Applicant :- Angrej Nath Shukla Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the parties.

The present application has been filed for the following main relief(s):-

"The applicant named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the Charge Sheet, arising out of Case Crime No. 172/1991, under Sections-41/411 IPC, registered at police station- Sahadatganj, District-Lucknow and summoning order dated 06.06.1992 and order of N.B.W. dated 10.01.2025 passed by the learned Judicial Magistrate A.T.S. Lucknow as well as entire proceeding of the aforesaid case in respect of applicant in the interest of justice.

It is further prayed that this Hon'ble Court may kindly also be pleased to stay the further proceeding of Case Crime No. 172/1991, Sate Vs Narendra @ Mulla pending before learned Judicial Magistrate A.T.S. Lucknow during pendency of this application."

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 application is disposed of in above terms.

Order Date :- 5.3.2025

Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench