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2025 DAILYLAW 100584 (ALL)

AKHILESH ALIAS KUMKUM UPADHYAY v. STATE OF U.P. AND ANOTHER

A482/32516/2024 · 2025-06-30

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:102574 Court No. - 77 Case :- APPLICATION U/S 482 No. - 32516 of 2024 Applicant :- Akhilesh Alias Kumkum Upadhyay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Tripathi,Surya Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ajay Tripathi, learned counsel for applicant and learned AGA. 2. The present application has been preferred for seeking quashing of the cognizance order dated 01.08.2023 along with entire proceedings of Case No.5055 of 2023 (State Vs. Nakul Yadav and other), arising out of Case Crime No.83 of 2022, under Sections 379, 411, 120-B IPC and Section 4/21 Mines and Mineral (Development and Regulation) Act and Section 3/4 of Prevention of Damage to Public Property Act, P.S. Sardhua, District Chitrakoot, pending in the court of learned Civil Judge (S.D.)/FTC, Chitrakoot. 3. At the very outset, learned AGA, on the basis of instructions so received, apprised the Court that applicant is having criminal history of 20 cases in which majority of the cases are related to similar offences as committed by applicant in the present case and as such, applicant is a habitual offender, therefore, he is not rightful claimant of any consideration by this Court. 4. Learned counsel for applicant did not dispute the aforesaid facts. 5. In view of the fact that applicant is having long criminal history and most of the cases of same nature, the prayer sought through the instant application cannot be acceded and the same are amenable before learned court concerned during trial. 6. Accordingly, the instant applicant stands dismissed. Order Date :- 1.7.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad