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Neutral Citation No. - 2025:AHC:7559 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 15640 of 2024 Petitioner :- Sanwaru Kushwaha Respondent :- State of U.P. and Another Counsel for Petitioner :- Girish Chandra Maurya Counsel for Respondent :- Chandra Prakash Misra,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Girish Chandra Maurya, learned counsel for petitioner and Sri Chandra Prakash Misra, learned counsel for respondent no.2 as well as learned AGA. 2. The instant petition has been preferred at the behest of petitioner being prejudiced with the rejection of prayer of release of vehicle vide impugned order dated 30.10.2024 passed by learned revisional court in Criminal Revision No.174 of 2024 preferred at the behest of petitioner as well as by respondent no.2 by way of remitting the matter back to learned concerned court for deciding afresh and there is one more observation in the order impugned dated 30.10.2024 that petitioner is still not being granted bail by the concerned court. 3. Learned counsel for petitioner submitted that since the chargesheet which has been preferred in pursuance to investigation carried out over the FIR preferred at the behest of respondent no.2, the same has been put under challenge in Application U/S 482 No.5593 of 2023 over which, the matter has been referred to the mediation and during pendency of the same, petitioner will be protected for not taking any coercive action against him. 4. Learned counsel for respondent no.2 submitted that the mediation has already been failed and as such, no protection is available in favour of petitioner since the same was available only during pendency of the mediation proceedings. 5. Considering the arguments raised by learned counsel for parties, one thing is crystal clear that in pursuance of the summoning order issued against petitioner, he never appeared before learned court
concerned but the release application which has been preferred, was dismissed and negated by learned concerned court as well as learned revisional court. 6. Learned counsel for petitioner is hereby requested to advise his client to abide with the process of law by way of surrendering himself before learned court concerned in pursuance to summoning order dated 21.11.2022 and thereafter, if any release application is preferred at the behest of petitioner, shall be entertained by the concerned court. 7. On the basis of aforementioned observation, the present petition stands disposed of. Order Date :- 16.1.2025 Vivek Kr.
Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad