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2025 DAILYLAW 102952 (ALL)

DINESH v. State of UP AND ANOTHER

A482/33695/2024 · 2025-05-29

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93890 Court No. - 74 Case :- APPLICATION U/S 482 No. - 33695 of 2024 Applicant :- Dinesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Ishraque Farooqui,Shailendra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred for quashing the charge-sheet dated 29.04.2013, cognizance/summoning order dated 16.09.2015 and non-bailable warrant dated 27.08.2024 issued by learned Judicial Magistrate, Fatehpur as well as the entire proceedings of Case No.672 of 2015 (State vs. Sunil and Others) arising out of Case Crime No.25 of 2013, under sections 143, 147, 341 I.P.C. and section 7 of Criminal Law Amendment Act, P.S. Lalauli, District- Fatehpur, pending before learned court of Judicial Magistrate, Fatehpur, in respect of applicant herein. 3. On previous occasion time has been extended in favour of learned A.G.A. for seeking specific instructions over the issue that once the name of applicant is not available either in F.I.R. or in charge-sheet, then under which circumstances concerned police authorities of District- Fatehpur is compelling the applicant to appear before learned court concerned in respect of Case Crime No.25 of 2013, whereas police report dated 24.08.2024 has been submitted before learned court of Additional Chief Judicial Magistrate, Court No.2, Fatehpur with the surrender application preferred at the behest of applicant and the same is mentioned in the report. 4. It has been submitted by learned counsel for applicant that applicant- Dinesh, who is popularly known as Purane s/o Kalicharan, but it is also submitted by concerned police authorities that Kalicharan had been elder brother of father of the applicant, meaning thereby under no specific identity one "Purane" has been implicated as one of the co-accused, but at the same time, the applicant cannot be related with Purane s/o Kalicharan, but since the applicant is having specific identity which is well proved through several documents along with instant application as Dinesh s/o Siyaram. 5. In view of aforementioned facts and circumstances, all the opposite parties are hereby restrained to take any coercive measures against the applicant in pursuance to Case Crime No.25 of 2013 and the applicant need not be appear before an court of law in pursuance to Case Crime No.25 of 2013. 6. The instant application stands allowed accordingly. Order Date :- 30.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad