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2025 DAILYLAW 184569 (ALL)

POONAM DEVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. PRIN. SECY. HOME LKO. AND 2 OTHERS

A483/1064/2025 · 2025-12-17

Divesh Chandra Samant

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 483 No. - 1064 of 2025 Court No. - 29 HON'BLE DIVESH CHANDRA SAMANT, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Present 483 Cr.P.C. application has been filed with the prayer for expeditious disposal of Criminal Case No. 83413 of 2022(State Vs. Gaurav Singh@Monu Singh and others), arising out of Case Crime No. 316 of 2020, under Sections 420, 406 I.P.C., Police Station-Vibhuti Khand, District-Lucknow, pending before Additional Chief Judicial Magistrate II, Court No. 26, Lucknow. 3. A perusal of the record shows that the accused has earlier approached this Court by filing Application Under Section 482 No. 9642 of 2023(Ajay Kumar Singh Vs. State of U.P. and Another) for the quashing of the chargesheet and the summoning order, wherein, the coordinate Bench of this Court has passed order dated 05.10.2023 directing that the accused-applicant may move his discharge application through counsel within six weeks. The discharge application of the accused Ajay Kumar Singh was dismissed by the order dated 11.03.2024 passed by learned Additional Chief Judicial Magistrate II, Court No. 26, Lucknow in Criminal Case No. 83413 of 2022(State vs. Gaurav Singh@Monu Singh and others). Now the N.B.W. has been issued for procuring the presence of accused-Ajay Kumar Singh. A copy of the ordersheet has also been Versus Counsel for Applicant(s) : Shivam Singh, Atul Kumar Pathak, Chandan Tiwari Counsel for Opposite Party(s) : G.A. Poonam Devi .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) filed along with the present application, which shows that after issuance of Non Bailable Warrant against the accused Ajay Kumar Singh and summons against Gaurav Singh by order dated 04.04.2024, no effective order has been passed for ensuring the presence of the accused. 4. In view of such facts of the case, Trial Court is directed to expedite the proceeding of trial in accordance with law by ensuring the presence of accused persons and taking appropriate steps. 5. The present application stands disposed of accordingly. December 17, 2025 ADY A483 No. 1064 of 2025 2 (Divesh Chandra Samant,J.) Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad, Lucknow Bench