Guddu Mishra @ Anil v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11593 of 2024 Applicant :- Guddu Mishra @ Anil Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Pawan Kumar Sharma 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:- "WHEREFORE, it is most humbly prayed that this Hon'ble court may kindly be pleased to quash the Non Bailable warrant order dated 24.03.2018 passed by Additional Session Judge / Special Session Judge SC/ST Act, Bahraich in S.T. no. 155 of 2009 Guddu Mishra & Anil and another vide case crime no. C-49 of 2008, under section 392, 504, 506 I.P.C & 3(1) (x) SC/ST Act Police Station-Huzurpur, District-Bahraich, in the ends 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 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. 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 :- 18.12.2024 Arun/- High Court of Judicature at Allahabad, Lucknow Bench