Shiv Raj Singh v. State of U.P. THRU SEC HOME DEPTT AND ANOTHER
ABAIL/277/2025 · 2025-03-04
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126274 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126274 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:13139 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 277 of 2025 Applicant :- Shiv Raj Singh Opposite Party :- State Of U.P. Thru Sec Home Deptt And Another Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
1. This case has been filed through e-mode and the
learned counsel for the applicant has provided the photocopy / hard copy of the petition to the Court, the same is taken on record.
2. Learned counsel has stated that initially the present applicant was not named in the impugned F.I.R. but he has been summoned by the learned trial court u/s 319 Cr.P.C. on 10.2.2006. The aforesaid order dated 10.2.2006 was challenged before the High Court by filing petition u/s 482 Cr.P.C. bearing Application u/s 482 No. 463 of 2006 wherein the stay order was granted on
28.2.2006. On 7.10.2014 that interim order was vacated. Thereafter, the recall application was filed which was allowed vide order dated 6.12.2018 and the interim order was directed to be continued. However, the petition was dismissed for want of prosecution on 19.9.2023. Thereafter, the application for recall of the order was filed which was allowed by this Court on 9.1.2024. This Court
directed to list that case before appropriate court. Learned counsel has stated that the aforesaid application u/s 482 Cr.P.C. is pending consideration and the interim order has not been extended.
3. Learned AGA has raised objection regarding maintainability that in view of the aforesaid circumstances this application is not maintainable.
4. On the aforesaid objection the learned counsel for the applicant has requested that he may be permitted to not press this application at this stage as he may file a stay
extension application before this Court in the pending application filed u/s 482 Cr.P.C. and if it would be so needed he may file another application before this Court.
5. Considering the aforesaid submission of learned counsel for the applicant this application is dismissed being not pressed at this stage giving liberty to applicant to file appropriate application before this Court in the pending application filed u/s 482 Cr.P.C.
6. It is needless to say that the applicant may file any other appropriate application at the appropriate stage, if it is permissible under the law.
7. In view of above, this application is dismissed being not pressed.
Order Date :- 4.3.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench