KAUSHAL KUMAR AGARWAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME
A482/2160/2025 · 2025-04-04
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127826 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127826 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18936 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2160 of 2025 Applicant :- Kaushal Kumar Agarwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Counsel for Applicant :- Avinash Chandra,Pravin Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C./528 B.N.S.S. has been preferred with a prayer to direct the learned court of Special Judge, (CBI) A.P., Lucknow to discharge the sureties which has been furnished by the applicant during the proceeding of Special Case No. 362/2017 'State of U.P. vs. Shivakant Nayak and Ors.' in Case Crime No. 255/2009, under Sections 420, 467, 468, 471, 504 of IPC and Section 3(1)(X) of SC/ST Act, Police Station Wazeerganj, District Lucknow.
Learned counsel for the applicant has submitted that the proceedings of criminal case has already been quashed by this Court by its order dated 05.05.2017 passed in U/S 482/378/407 No. 2816 of 2017 'Shiva Kant Nayak vs. State of U.P. & Anr.' It is further submitted that in compliance of the order of the Hon'ble High Court, the Special Judge SC/ST Act, Lucknow has consigned the record of the Special Case No. 362/2017 on 24.01.2023 which has been quashed by Hon'ble High Court by its judgment and order dated 05.05.2017 but the sureties have not been discharged. It is further submitted that the applicant has moved an application for discharge of sureties which is still pending, as such, a direction may be issued to the court concerned to decide the application preferred by the applicant within a stipulated time, as this Court may fix. Learned AGA has no objection to the prayer made by
learned counsel for the applicant. In view of above, the instant application is disposed of with a direction to the court concerned to take a decision on the
application of the applicant for discharge of sureties as the criminal proceedings have already been quashed by this Court, as discussed above, and the file before the concerned court has already been consigned to record by
order dated 24.01.2023, in accordance with law, within a period of three weeks from the date of production/receipt of certified copy of this order.
Order Date :- 4.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench