RAMESH CHANDRA PANDEY v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER
A482/3344/2025 · 2025-04-21
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134639 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134639 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:22349 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3344 of 2025 Applicant :- Ramesh Chandra Pandey Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Kuldeep Bajpai Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following main prayers:
"अस्ततु सम्ममानननीय न्यमायमालय कके समक्ष यमाचनी यमाचनमा करतमा हहै कक वमाद सस 0-5314/2014 मतु0 अ 0 सस0-107/1991 अस०धमारमा-452, 323, 304 भमा०दस०सस० थमानमा-बमाजमारखमालमा, लखनऊ लमम्बत अधनीनस्थ न्यमायमालय अपर मतुख्य न्यमाकयक मजजस्टटकेट चततुथर कक्ष सस0-28, लखनऊ दमारमा पमाररत अजममानतनीय वमारण्ट आदकेश कको कनरस्त करनके कके समतुकचत आदकेश पमाररत करनके ककी कक पमा करर। अस्ततु अकतररक्त पमाथरनमा यह हहै कक उपरकोक्त यमाकचकमा कके लमम्बत रहनके ककी अवजध तक वमाद ककी अकग्रिम कमायरवमाकहययों कको यमाकचकमा कके लमम्बत रहनके ककी अवजध तक रकोकनके कके समतुकचत आदकेश पमाररत करनके ककी कक पमा करर।"
3. Learned counsel for the applicant has submitted that an FIR was lodged under Sections 452, 306, 323, IPC against the applicant but the police after the investigation has filed the charge sheet under Sections 452, 323 IPC and converted Section 306 IPC to 304 IPC. The applicant was granted bail in the year 1996. The applicant did not receive any summon, bailable warrant or non bailable warrant and his counsel had expired on 5.4.1996. In the year 1997, the applicant was transferred from Lucknow to Kheri thereafter from Kheri to Hardoi and in the year 2023, he retired from Hardoi. 4. It is further submitted that when the post retiral dues were not paid to the applicant only then he came to know about the reason i.e. the pendency of a criminal case and issuance of non bailable warrant against him. It is next submitted that the applicant is ready to surrender before the concerned court and prays for to decide the bail application on the very same day or the applicant may not be arrested during the decision on the bail application filed by the applicant before the concerned court. 5.
Learned AGA has opposed the application preferred by the applicant but unable to dispute the submissions made
by the learned counsel for the applicant that his counsel had expired thereafter he was transferred. 6. After hearing the learned counsel for the parties and going through the record of the case, it is evident that the applicant was granted bail but due to non service of summons/bailable warrant/non bailable warrant, he could not appear. 7. The applicant is directed to surrender before the concerned court by moving a bail application and it is expected that the concerned court shall decide the bail application in accordance with law on the very same day keeping in mind that applicant is a retired person. 8. With the aforesaid direction, the application under Section 482 Cr.P.c. is finally disposed of. Order Date :- 21.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench