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2025 DAILYLAW 14668 (ALL)

HARIOM PAL v. STATE OF U.P. AND ANOTHER

A482/3540/2025 · 2025-02-19

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24677 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3540 of 2025 Applicant :- Hariom Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kushal Raj Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Kushal Raj Chaudhary, learned counsel for the applicant and Sri Rajiv Kumar Singh, learned A.G.A. for the State. 2. The applicant herein has filed the present application u/s 482 Cr.P.C. for quashing of the For quashing the Chargesheet dated 9.7.1994 under Section 409 IPC arising out of Case Crime No.38 of 1993 as well as summoning order dated 21.5.1997 as well as warrant dated 12.7.1998 and entire proceeding of Case No.3778 of 2004 "State of U.P. Versus Kanhaiya Prasad Singh and others under Section 409 IPC Police Station Haraiya District Basti pending in the court of ACJM-Ist Basti 3. Learned counsel for the applicant submits that pursuant to a departmental proceeding being initiated against Kanhaiya Prasad Singh, who was Gram Pradhan, he was placed under suspension with regard to misappropriation of Rs.20,000/- surveyer in the year 1993, an FIR stood lodged against him being Case Crime No.38 of 1993, thereafter, during the course of investigation, the name of the applicant also came to be surfaced that he was the Village Panchayat Officer/Secretary, who had also misappropriated certain amounts and thereafter a charge sheet came to be submitted on 9.7.1994. According to the learned counsel for the applicant, the applicant has been summoned under Section 409 IPC by virtue of the order dated 21.5.1997 but a non-bailable warrant has been issued on 12th July, 1998 but the applicant could gather knowledge about the same since he was transferred on 4.1.2025. He further submits that the applicant shall be preferring appropriate proceedings/application for recalling of the order/seeking bail. However, interim protection be accorded to him. 4. Learned AGA on the other hand submits that the involvement of the applicant cannot be ruled out, however, according to him in case the applicant seeks to obtain bail or prefer appropriate proceedings then interim protection be granted for a limited period. 5. Considering the submissions of the rival parties and stand taken by them, interference in the charge sheet is declined, however, for a period till 20th March, 2025, interim protection is accorded and the applicant shall surrender and thereafter obtain a bail. The time line given interim protection shall apply only on those contingencies and the applicant sticks to the time line and does not violate condition contained in this orders. 6. In view of above, the present application under section 482 Cr.P.C. stands disposed of. Order Date :- 20.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad