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2025 DAILYLAW 174971 (ALL)

GHANSHYAM AWASTHI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO.

/9546/2025 · 2025-11-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9546 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant application under Section 482 Cr.P.C. (Now repealed) akin to 528 of BNSS, 2023 has been filed seeking following main relief(s) :- "For the facts and reasons stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the chargesheet dated 06.10.2022 bearing no. 01(B)/2018 dated 06/10/2022 filed in Case Crime No. 787/08, U/S 420, 467, 468, 471, 120(B) IPC, Section 15 P.C. Act 1988 P.S. Karvi, District Chitrakoot before Special Judge P.C. Act Court No. 09, Lucknow and the summoning order dated 13.10.2022as wellas Non Bailable Warrant dated 26.09.2025 (as contained in Annexure No. 01, 02 & 03respectively to the accompanying affidavit) passed by Special Judge P.C. Act Court No. 09, LucknowIn case related to Case Crime No. 787/08, U/S 420, 467, 468, 471, 120(B) IPC, Section 15 P.C. Act 1988P.S. Karvi, District Chitrakoot (State of U.P. v/s Dr. Pradeep Kumar Agarwal & others) and this Hon'ble Court may further be pleased to quash the proceedings of the case related to Case Crime No. 787/08, U/S 420, 467, 468, 471, 120(B) IPC, Section 15 P.C. Act 1988 P.S. Karvi, District Chitrakoot pending before Special Judge P.C. Act Court No. 09, Lucknow (State of U.P. v/s Dr. Pradeep Kumar Agarwal & others)." 3. On being confronted, after taking note of the facts of the available on record, the learned counsel for the applicant stated that he may be permitted to withdraw the Versus Counsel for Applicant(s) : Abhishek Singh, Rajesh Kumar Tewari Counsel for Opposite Party(s) : G.A. Ghanshyam Awasthi .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. .....Opposite Party(s) application and the same may be dismissed accordingly with liberty to the applicant to avail the benefit of the judgment passed in the case of Satender Kumar Antil vs. 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. 4. Accordingly, the instant application is dismissed as withdrawn with the liberty as prayed for. November 28, 2025 ML/- A482 No. 9546 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench