SHEKHU KHAN @ AMIR KHAN AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
A482/8926/2025 · 2025-10-17
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199198 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199198 (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. - 8926 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The present application has been filed with the following main reliefs:
"For the facts, reasons and circumstances as stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the order dated 2.1.2025, and bailable warrants dated 25.6.2025 dated 29.07.2025 against the petitioners No. 1,2,4 and 5 passed by Judicial Magistrate, Kunda Pratapgarh as well as entire proceeding of C. No. 88/2013 "Nafeesa Bano Vs. Rukhshana Bano and others against petitioners in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay the entire criminal proceedings of C. No. 88/2013 "Nafeesa Bano Vs. Rukhshana Bano and others, pending before Judicial Magistrate, Kunda Pratapgarh, during pendency of the petition, in the interest of justice."
3. Earlier the applicants challenged the summoning order dated 27.8.2013 as well as entire proceedings of complaint case no.88 of 2013 (Smt. Nafeesa Bano vs. Rukhsana Bano and others), pending in the court of Judicial Magistrate, Kunda, District Pratapgarh and the Application U/s 482 Cr.P.C No.5186 of 2013 filed by the applicants was not pressed on 24.11.2022 and this Court directed to move discharge application. In spite of direction issued Versus Counsel for Applicant(s) : P.K. Mishra, Pankaj Kumar Mishra Counsel for Opposite Party(s) : G.A. Shekhu Khan @ Amir Khan And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s)
by this Court, the order has not been complied by the applicants and the court has recorded the said fact in the impugned order dated 2.1.2025 and summon has been issued and thereafter NBW against applicant no.3 has been issued. It is evident that applicants are not complying the direction issued in Application U/s 482 Cr.P.C. No.5186 of 2013 which was issued way back on 24.11.2022 and the applicants are not cooperating in the proceedings. Learned counsel for the applicants submits that there is chance of mediation therefore, opposite party no.2 may be called and necessary proceedings may be done here. 4.
After going through the record, I find that the applicants have not complied the direction issued by this Court and they have not appeared before the court below. 5. The application is devoid of merit. It is accordingly dismissed. October 17, 2025 Sachin A482 No. 8926 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench