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2025 DAILYLAW 174481 (ALL)

RAJ NARAYAN v. STATE OF U.P. THRU. PRIN. SECY. MINI. OF HOME LKO AND ANOTHER

A482/8958/2025 · 2025-11-03

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8958 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the parties. 2. The present application has been filed for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings in State Vs. Satyendra Singh and others, arising out of Case Crime No.18 of 1987, U/s 467, 468, 471, 420, 204, 409 I.P.C., relating to Police Station- Katra Bazar, District-Gonda,, SO far as relates to the petitioner, pending in the court of Learned ACJM IInd, Gonda and also quashing the impugned Charge- Sheet No.4, Charge-Sheet No.4A, Charge-Sheet No. 4B, Charge-Sheet No.4C, Charge-Sheet No.4D dated 22.9.1999,so far as relates to the petitioner submitted by the investigating officer in the aforesaid case crime number illegally, against the petitioner. (which is contained as Annexure no.1 to this petition) in the interest of law and justice." 3. Considering the facts and circumstances of the case and also that the applicant, who is aged about 83 years, is bed ridden and also the law laid down by the Hon'ble Apex Court in the case(s) of Inder Mohan Goswami and another vs. State of Uttranchal and others, (2007) 12 SCC 1; Sunil Tyagi vs. Govt. of NCT of Delhi and another, 2021 SCC OnLine Del 3597; Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116 , according to which, once the investigation is over and the charge-sheet is filed then the accused should be asked to appear before the court concerned and should furnish bail bonds to the satisfaction of the trial court, and also taking note of the statement of the counsel for the applicant that the applicant would appear before the court concerned, it is provided that if the applicant appears before the court concerned within four weeks from today and moves an appropriate application before the trial court including for recall of non-bailable warrant, the same shall be considered and decided by the trial court expeditiously strictly in accordance with law. Versus Counsel for Applicant(s) : Anjani Kumar Srivastava Counsel for Opposite Party(s) : G.A. Raj Narayan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Mini. Of Home Lko And Another .....Opposite Party(s) 4. For a period of four weeks, no coercive action shall be taken against the applicant so far as the proceedings in issue are concerned. 5. In case, the applicant does not appear in terms of this order, coercive action shall be taken against him. 6. The present application is disposed of in above terms. November 3, 2025 Arun/- A482 No. 8958 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench