AJAY KUMAR PRAJAPATI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/5042/2025 · 2025-06-19
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146482 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146482 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35947 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5042 of 2025 Applicant :- Ajay Kumar Prajapati And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Maya Ram Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the material available on record.
2. The instant application under Section 482 Cr.P.C. has been filed on behalf of the applicants with the prayer to quash the entire proceedings of Sessions Trial No. 913 of 2016 (State Vs. Ajay Kumar Prajapati and another), arising out of FIR No. 0244 of 2016, dated 09.08.2016, under Sections 354(A), 504 IPC and Section 3(1)(X) of SC/ST Act, Police Station Patti, District Pratapgarh as well as NBW dated 30.05.2025 issued by learned Special Judge, SC/ST Act, Pratapgarh.
3. Learned counsel for the applicants submits that the applicants have falsely been implicated in the present case and during the course of the investigation, they were not taken into custody and after issuing the summoning order, they appeared and were enlarged on bail, but lack of information by their counsel, the applicants could not appear again before the court and as a result, NBW was issued on 30.05.2025. They are ready to cooperate in the trial and, therefore, the impugned order dated 30.05.2025 may be quashed.
4. Learned AGA appearing for the State has vehemently opposed the prayer of the applicants and submitted that the applicants are not cooperating in the trial, as a result, NBW was issued.
5. Considering the submissions of learned counsel for the parties and contents of the impugned order as well as other relevant documents, the present application is disposed of with liberty to the applicants to move an application for recall of the order dated 30.05.2025 within a period of two weeks from today. In case any application is filed, the learned court below is directed to decide the same in accordance with law.
6. Till disposal of the said application, no coercive steps be taken against the applicants. Order Date :- 19.6.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench