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2025 DAILYLAW 20203 (ALL)

RAJPAL TYAGI @ KALLU v. STATE OF U.P. AND ANR

A482/13861/2019 · 2025-09-21

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 13861 of 2019 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Shri Praveen Singh, learned counsel for the applicant and Sri S.P. Singh, learned State Law Officer for the State as well as Shri Ajay Pandey, counsel for the opposite party no. 2 . 2. This application under Section 482 Cr.PC. has been filed by the applicant to quash the order dated 13.02.2019 as well as the entire proceedings of Criminal Case No. 1512/09 of 2019 (State Vs. Rajpal @ Kallu), arising out of Case Crime No. 158 of 2014, under Sections- 452, 386, 504, 506 I.P.C., Police Station- Charthawal, District- Muzaffar Nagar, pending in the court of learned A.C.J.M., Court No.2, Muzaffar Nagar. 3. This Court on 11.04.2019 proceeded to pass the following orders: "1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the order dated 13.02.2019 as well as the entire proceedings of Criminal Case No. 1512/09 of 2019 (State Vs. Rajpal @ Kallu), arising out of Case Crime No. 158 of 2014, under Sections- 452, 386, 504, 506 I.P.C., Police Station- Charthawal, District- Muzaffar Nagar, pending in the court of learned A.C.J.M., Court No.2, Muzaffar Nagar. 3. Issue notice to the opposite party no.2, fixing 17.05.2019. 4. Learned counsel for the applicant submits that the applicant is 64 years of age and that there is manifest illegality in the summoning order as also in the rejection of the discharge application. Versus Counsel for Applicant(s) : Abhishe Pandey, Praveen Singh Counsel for Opposite Party(s) : Ankur Singh Kushwaha, G.A. Rajpal Tyagi @ Kallu .....Applicant(s) State Of U.P. And Anr .....Opposite Party(s) 5. In view of the above, in the meanwhile, in case, the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 6. For a period of 30 days, no coercive measure shall be taken against the applicant in the aforesaid case." 4. Learned counsel for the applicant has invited attention of the court towards supplementary affidavit dated 23.07.2024 so as to contend that the parties have themselves compromised out of the Court on 16.03.2024, 28.03.2024 and 02.05.2024 (Annexure-SA-2) and onwards reference whereof has been made in paragraph no. 5 of the application. Learned counsel for the applicant has submitted that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, protection be accorded. 5. Learned State Law Officer on the other hand submits that he has no objection to the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicant to approach the court below while filing the original copy of the compromise application, supplementary affidavit and a self-attested copy of the present application and certified copy of the order passed today by 16.10.2025. 7. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification with most expedition. 8. Till the disposal of the compromise application, no coercive action shall be taken against the applicant in pursuance of the order dated 13.02.2019 as well as the entire proceedings of Criminal Case No. 1512/09 of 2019 (State Vs. Rajpal @ Kallu), arising out of Case Crime No. 158 of 2014, under Sections- 452, 386, 504, 506 I.P.C., Police Station- Charthawal, District- A482 No. 13861 of 2019 2 Muzaffar Nagar, pending in the court of learned A.C.J.M., Court No.2, Muzaffar Nagar. 9. In the event of default of any of the conditions by the applicant as referred to above, the protection shall stand vacated without reference to the Bench. 10. It is always open for the applicant to take legal recourse, subject to the fate of the outcome of the compromise application. September 22, 2025 A. Prajapati A482 No. 13861 of 2019 3 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad