ARUN KUMAR MISHRA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/5191/2025 · 2025-08-13
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147262 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147262 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47389 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5191 of 2025 Applicant :- Arun Kumar Mishra And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Girdhari Lal Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.
2. By means of present application, the applicants, namely, Arun Kumar Mishra s/o Ram Krishna Mishra, Jitendra Singh s/o Ram Kishor Singh and Shubash Chandra Singh s/o Late Kaushal Kumar Singh, wrongly indicated as 'Late Kaushal Luamr Singh' have challenged the entire criminal proceedings related to Special Sessions Trial No.29 of 2015, Criminal Complaint Case No.0302026 of 2007, under Sections 323,, 504, 506 I.P.C. and 3(1)(X) of Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, Police Station- Samanpur, District- Ambedkar Nagar.
3. The proceedings have been challenged on the basis of Section 197 Cr.P.C.
4. It would be apt to indicate that the present application was presented in the Registry of this Court on 18.06.2025.
5. Prior to presenting the present application in the Registry of this Court, the applicants named above, preferred an application dated 10.06.2025 before the Sessions Trial on the same very issue, i.e. the issue related to Section 197 Cr.P.C., which is apparent from paragraph 22 of the instant application.
6. On being asked regarding the fact of the application dated 10.06.2025, the learned counsel for the applicants says that the same has been decided by the trial court vide
order dated 17.07.2025 and challenging the same, Criminal Appeal No.2465 is pending for consideration.
7. Considering the aforesaid as also the law in this regard, the present application is rejected.
Order Date :- 13.8.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench