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2025 DAILYLAW 195590 (ALL)

DR. CHANDRA PRAKASH MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/9141/2025 · 2025-11-12

Abdul Shahid

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9141 of 2025 Court No. - 29 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicant-Dr. Chandra Prakash Mishra for quashing the impugned charge- sheet dated 19.7.2025 and the order dated 18.9.2025 passed by learned Special Judge (P.C. Act), Court No.6, Lucknow. Further prayer has been made to stay further proceedings of Criminal Case No.1623 of 2025 arising out of Case Crime No.134 of 2008 under Sections 420, 467, 468, 471, 120-B IPC and Section 13 (2) Prevention of Corruption Act, 1988, Police Station-Sarojini Nagar, District-Lucknow. 3. Learned counsel for the applicant has submitted that he is already on anticipatory bail granted by trial court, itself. Learned counsel further submitted that the applicant is aged about 76 years old and he is residing at District-Indore, M.P.; he wants to file a discharge application before the learned trial court on all the legal-grounds available to him. 4. Per contra, learned AGA opposed the prayer made by learned counsel for the applicant. 5. In view thereof, the present application is disposed of with the direction that the applicant shall file a discharge application before the learned trial court and the same shall be decided by it in accordance with law. Looking to the fact that the applicant is an old-age person, hence the trial court Versus Counsel for Applicant(s) : Manish Bajpai, Ravi Dev Dwivedi Counsel for Opposite Party(s) : G.A. Dr. Chandra Prakash Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) may consider a liberal view in accordance with law after consideration of his mature-age relating to his personal presence on every date. If, any exemption application for his personal presence is filed, it may be considered leniently because of his old-age and being resident of District- Indore, Madhya Pradesh. 6. With these observations and directions, the present application is finally disposed of. November 12, 2025 LNTripathi A482 No. 9141 of 2025 2 (Abdul Shahid,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench