JITENDRA KUMAR MISHRA AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/39766/2024 · 2025-07-08
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108012 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108012 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:109584 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.20) Court No. - 78 Case :- APPLICATION U/S 482 No. - 39766 of 2024 Applicant :- Jitendra Kumar Mishra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Suresh Kumar Gupta, learned counsel for the applicants and Sri Kailash Prakash Pathak, learned AGA for the State.
2. The instant application has been filed seeking quashing of the entire proceeding of Complaint case No. 810 of 2019 (Dushayant Singh Katiyar vs. Jitendra Kumar Mishra and others), under Section 323, 204, 506 IPC, pending before the ACJ (SD)-06, Kanpur Nagar.
3. Against the same prayer, earlier a Criminal Misc. Application under Section 482 No. 5095 of 2020 has already been disposed by this Court vide order dated 10.02.2020 with liberty to the applicant to move an application for discharge.
4. Learned counsel for the applicants submits that subsequent thereto, the applicant herein had moved an application for discharge, which was rejected by the trial court vide order dated
08.02.2021. Subsequent thereto, the applicants have obtained bail and the complaint is pending for trial. Since on various dates, neither the complainant nor his counsel was present, therefore an application under Section 256 Cr.P.C. was moved by the applicants herein on 16.04.2024. It is submitted by learned counsel for the applicants that since that application has not yet been decided, the proceedings of the complaint case are still pending. Therefore, he seeks quashing of the entire proceeding of the complaint case against the applicants.
5. Since the challenge to the summoning order and the entire proceeding was already declined by this Court vide order dated 10.02.2020, therefore, this Court does not find any good reason to
entertain this matter.
6. However, it is open for the applicants to press their application under Section 256 Cr.P.C., which will be dealt by the trial court in accordance with law.
7. With the aforesaid observation, the application under Section 482 stands disposed of. Order Date :- 9.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad