RAMESH KUMAR AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
A482/11595/2024 · 2025-10-08
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199774 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199774 (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. - 11595 of 2024 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application has been filed with the prayer to quash the entire proceedings of Case No.7027 of 2023, arising out of Case Crime No.0579 of 2022 under Sections 147, 365, 386, 406, 506, 343 I.P.C., Police Station Mankapur, District Gonda.
3. Learned counsel for the applicant submits that applicant is only witness in the alleged sale deed and charge sheet was wrongly filed by the Investigating Officer against the applicant, therefore, indulgence of this Court is necessary.
4. Learned A.G.A. oppose the prayer of the applicant and submits that after filing of charge sheet cognizance was taken by the court below on 31.3.2023, thereafter, application was moved by the accused persons including the applicant for setting aside the cognizance order but the same was rejected by the learned A.C.J.M., Gonda on 13.11.2024 and issued N.B.W., therefore, application is liable to be dismissed.
5. Considering the submissions of learned counsel for the applicant, learned A.G.A., going through the contents of the application as well as other relevant documents, as cognizance was taken by the Versus Counsel for Applicant(s) : Pradeep Kumar Shukla, Skand Bajpai Counsel for Opposite Party(s) : G.A. Ramesh Kumar And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s)
learned Magistrate on on 31.3.2023 and thereafter, application was filed by the applicant for setting aside the said order but same was also rejected and N.B.W. was issued, therefore, petition is misconceived and same is hereby dismissed.
6. However, applicant is directed to appear before the court below and move appropriate application for bail. October 8, 2025 GauraV/- A482 No. 11595 of 2024 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench