NAGENDRA ALIAS KALLOO v. STATE OF U.P. THROUGH SECRETARY HOME UP AT LKO AND ANOTHER
A482/2132/2025 · 2025-02-16
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10769 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10769 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:22735 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2132 of 2025 Applicant :- Nagendra Alias Kalloo Opposite Party :- State Of U.P. Through Secretary Home Up At Lko And Another Counsel for Applicant :- Utsav Counsel for Opposite Party :- G.A.,Gopal Dwivedi Hon'ble Vikas Budhwar,J.
1. Heard Shri Utsav, learned counsel for the applicant and Shri S.K. Singh, learned AGA for the State-respondent as well as Shri Gopal Dwivedi, learned counsel for opposite party No.2. 2. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceeding of Chargesheet dated 19.02.20 arising out of case no 1000/2020 (state v. Nagendra) in Case Crime No.44 of 2018 Under Section 427, 307 I.P.C., Police Station Lalapur, District Prayagraj as well as summoning order dated 15.12.2020 passed by the Judicial Magistrate- 3 Allahabad. 3. Learned counsel for the applicants submits that during pendency of the proceedings, the parties have themselves compromised out of the Court on 02.11.2023 (Annexure-3 at page 47) and onwards reference whereof has been made in paragraph no. 11 of the application. He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded. 4. Learned AGA on the other hand submits that he has no objection
to the same. 5. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the court of learned Judicial Magistrate- 3 Allahabad while filing the compromise application and a self- attested copy of the present application by 05.03.2025. 6. On the receipt of the same, the court below shall furnish the compromise so filed by the parties and shall conclude the process for verification by 21.05.2025. 7. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of case no 1000/2020 (state v. Nagendra) in Case Crime No.44 of 2018 Under Section 427, 307 I.P.C., Police Station Lalapur, District Prayagraj. 8. The interim protection so accorded to the applicant shall be available subject to fulfillment of all the terms and conditions as contained in the order and also adhering to the guidelines.
In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench. 9. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 17.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad