SUKHLAL SHARMA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/9987/2025 · 2025-12-05
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 181754 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 181754 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9987 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):-
"i) Quash the false, fabricated and concocted impugned charge sheet dated 11-6-2004, entire criminal proceeding of criminal case no. 1654 of 2004, Computer case no. UPGD0400185620, State of U.P versus Sant Prakash and other, in respect of case crime no. 157 of 2003 under section 498 - A, 323, 506 I.P.C and section ¾ D.P act pending before the learned ACJM (JD) -II Gonda as well as the impugned N.B.W order dated 22.10.2022 and 2.7.2024 passed by learned court below contained in annexure no. 1 and 2 to the petition in the interest of justice."
3. Considering the facts and circumstances of the case and also that the applicants are aged about 65 and 90 years, respectively, 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 applicants that the applicants would appear before the court concerned, it is provided that if the applicants appear before the court concerned within four weeks from today and move 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. 4. For a period of four weeks, no coercive action shall be taken against the applicants so far as the proceedings in issue are concerned. 5. In case, the applicants do not appear in terms of this order, coercive action shall be taken against them. 6.
The present application is disposed of in above terms. December 5, 2025 Arun/- Versus Counsel for Applicant(s) : Vijay Kumar Tiwari Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Sukhlal Sharma And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench