DEVENDRA PRATAP SINGH @ DEVKARAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
/10267/2025 · 2025-12-08
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198084 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198084 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10267 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard Shri Brij Mohan Sahai, learned counsel for the applicant as well as learned Additional Government Advocate for the State and Sri Vijay Kumar Mishra,, learned counsel who has filed power on behalf of Lavkush Pathak, which is taken on record.
2. By means of this application under Section 482 Cr.P.C./Section 528 B.N.S.S., the applicant has sought quashing of impugned order dated 17.04.2025 passed by Additional Session Judge, Court No.3, Gonda in Session Trial No. 98 of 2016, arising out of Case Crime No. 612 of 2015, under Sections 147, 148, 149, 302, 307 of Indian Penal Code and Sections 3/25 and 4/25 of Arms Act, Police Station - Nawabganj, District - Gonda whereby the application No.217Kha dated 21.02.2025 has been rejected on the ground of not being pressed.
3. Shri Brij Mohan Sahai, learned counsel for the applicant has fairly admitted that the application no.217kha which was filed by the applicant was not pressed at the time of hearing of the case, therefore, the contents of the aforesaid application cannot be looked into by this Court since the issue in question is yet to be decided by the trial Court. Therefore, this Court cannot give any findings.
4. After going through the record, it is clear in the para 3 of the impugned
order dated 17.04.2025 which indicates that the application no.217kha Versus Counsel for Applicant(s) : Raj Priya Srivastava, Brij Mohan Sahai Counsel for Opposite Party(s) : G.A. Devendra Pratap Singh @ Devkaran Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s)
was called out but none has appeared to press the said application.
5. In view of aforesaid facts, I direct the applicant to move an application for recall of the order dated 17.04.2025 within a period of one week from today. After the said application is filed, learned trial court is directed to decide the same on merits after affording opportunity of hearing to all the aggrieved parties within a period of two weeks thereafter.
6. With the aforesaid observations/directions, this application stands
disposed of. December 8, 2025 Mohit Singh/- A482 No. 10267 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench