Saroj Kumar Sahu v. State Of U.P. Thur. Prin. Secy Home Lko. And Another

Neutral Citation No. - 2024:AHC-LKO:66418

Court No. - 13

Case :- APPLICATION U/S 482 No. - 8670 of 2024

Applicant :- Saroj Kumar Sahu Opposite Party :- State Of U.P. Thur. Prin. Secy Home Lko. And Another Counsel for Applicant :- Shailendra Misra Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard.

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

"(1) direct the Learned A.C.J.M.-IV, Lucknow to permit the applicant to pursue/appear in Trial of Case Crime No. 299/2012, U/s-354 IPC, Police Station Mall, District Lucknow after recalling the order dated 11.07.2024 as contained in Annexure No. I to this application, in 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 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 :- 25.9.2024 Vinay/-