SUDHAKAR SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/7560/2025 · 2025-09-09
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163314 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163314 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7560 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Shri P.K. Singh Bisen, the learned counsel for the applicant and Shri Rao Narendra Singh, the learned AGA-I for the State.
2. By means of the instant application filed under Section 482 Cr.P.C., the applicant has challenged the order dated 12.08.2025 passed by the learned Special Judge (M.P./M.L.A.)/A.C.J.M., Room No.13, Pratapgarh in Crl. Case No. 236 of 2011 arising out of Case Crime No.513 of 2010 under Sections 395, 397, 307, 364, 34, 323, 504, 506, 427 of IPC and 7 of Criminal Law Amendment Act registered at Police Station- Kunda, District- Pratapgarh whereby an application under Section 321 Cr.P.C. filed by the public prosecutor for withdrawal of prosecution has been rejected.
3. The learned AGA-I has submitted that he does not propose to file a counter affidavit.
4. Learned counsel for the applicant has submitted that the application for withdrawal of prosecution of 20 other accused persons was also rejected by means of a verbatim order passed by the trial Court on the same date. That order was assailed before this Court in Application u/S 482 Cr.P.C. No.7038 of 2025, which has been allowed by means of a judgment and order dated 27.08.2025 passed by this Court.
5. Learned AGA-I does not dispute the aforesaid facts and he admits that the case of the applicants is similar to that of those co-accused persons whose application under Section 482 Cr.P.C. has been allowed by means of an order dated 27.08.2025.
6. Accordingly, the present application is also allowed. Versus Counsel for Applicant(s) : P.K. Singh Bisen, Pallavi Mishra Counsel for Opposite Party(s) : G.A. Sudhakar Singh .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s)
7. The impugned order dated 12.08.2025 passed by the learned Special Judge (M.P./M.L.A.)/A.C.J.M., Room No.13, Pratapgarh is set-aside and the application under Section 321 Cr.P.C. filed by the State on 01.03.2014 for withdrawal of prosecution against the applicant, is allowed.
8. The prosecution stands withdrawn. September 9, 2025 -Amit K- A482 No. 7560 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench