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2025 DAILYLAW 145181 (ALL)

BHAGAUTI PRASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/4869/2025 · 2025-06-12

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35306 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4869 of 2025 Applicant :- Bhagauti Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Mohd. Vakar Khan,Abdul Alim Khan Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application under Section 482 Cr.P.C. has been filed by the applicant seeking following reliefs:- "(i) To quash the impugned bailable warrant dated 18.05.2024 as well as entire proceeding of Criminal Case No.229/2012 arising out of Case Crime No.210 of 2012 under section 419, 420, 467, 468, 471 I.P.C., Police Station Baundi, District - Bahraich and also Charge sheet dated 30.06.2012 allegedly filed against the applicant in respect of aforesaid FIR No.210 of 2012, in the interest of justice. (contained as Annexure No.1 & 2, respectively). (ii) To quash the entire proceeding of Criminal Case No.229/2012 arising out of Case Crime No.210 of 2012 under section 419, 420, 467, 468, 471 I.P.C., Police Station Baundi, District - Bahraich, pending in the court of Learned Civil Judge (Junior Division) F.T.C./Additional Chief Judicial Magistrate, Bahraich and/or pass such others which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iii) To stay the further proceedings of Criminal Case No.229/2012 arising out of Case Crime No.210 of 2012 under section 419, 420, 467, 468, 471 I.P.C., Police Station Baundi, District - Bahraich, pending in the court of Learned Civil Judge (Junior Division) F.T.C./Additional Chief Judicial Magistrate, Bahraich including bailable warrant dated 18.05.2024 issued in the aforesaid criminal case, during the pendency of the present application." 3. After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same. 4. Learned A.G.A. has no objection in grant of aforesaid prayer. 5. In view of above, it is provided that applicant is permitted to move his discharge application(s) through counsel within four weeks' from today and in case any such application(s) is/are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order. 6. Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case. 7. In case of failure on the part of applicant in moving the discharge application(s) within the aforesaid period, he will not be entitled to the benefit of this order. 8. With above directions, this application stands disposed of. Order Date :- 12.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench