ASHISH @ JWALA YADAV @ ASHISH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/8866/2025 · 2025-10-28
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 202460 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 202460 (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. - 8866 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Present application has been filed by the applicant for the following main relief:-
"For the facts, reasons and circumstances stated in the accompanying petition under section 482Cr.P.C./528 B.N.S.S along with supporting Affidavit, it is humbly prayed before this Hon'ble Court to kindly stay the entire proceedings of Sessions Case No. 1143 of 2024, 'State vs. Ashish Yadav @ Jwala and others', pending before the Court of Special Judge SC/ST Act, Lucknow in pursuant to Case Crime no. 0051/2024, under sections 352, 504, 506, 427 IPC and 3(1)(Da), 3(1)(Dha), 3(2)(va) SC/ST Act, P.S.-Malihabad, Lucknow and further be pleased to stay the effect and implementation of the cognizance/ summoning
order dated 01.06.2024 by which cognizance has been taken while issuing summons and
order dated 10.06.2025 by which Bailable Warrant has been issued by the Learned Court of Special Judge SC/ST Act, Lucknow, against the petitioner in pursuant to case crime no. 051/2024, under sections-352, 504, 506, 427 IPC and 3(1)(Da), 3(1)(Dha), 3(2)(va) SC/ST Act, P.S.- Malihabad, District-Lucknow, annexed as Annexure No. 2 to the affidavit filed in support of 482 petition, to the extent it relates to the petitioner, during the pendency of the present petition." Considering the facts of the case, as indicated, including the allegations levelled in the FIR against the applicant and also the law on the issue which relates to offence indicated in the provisions of SC/ST Act, settled by the Hon'ble Apex Court in the case of Khuman Singh vs. State of Madhya Pradesh; AIR 2019 SCC 4030; Hitesh Verma vs. State of Uttarakhand and Another; AIR 2021 SC (Criminal) 522, Ramesh Chandra Vaishya vs. The State of U.P. & Anr.; (2023) 6 SCR 643 as also the judgment dated 15.05.2024 passed by this Court in APPLICATION U/S 482 No. - 9000 of 2024 (Alka Sethi And Another vs. State of U.P. And 4 Others) and Versus Counsel for Applicant(s) : Dr. Pooja Singh, Abhishek Yadav Counsel for Opposite Party(s) : G.A. Ashish @ Jwala Yadav @ Ashish Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
APPLICATION U/S 482 No. - 5607 of 2024 (Ram Nath Yadav vs. State of U.P. And Another), this Court finds that justice would suffice if the present application is disposed of with liberty to applicant to prefer appropriate application(s) including seeking discharge before the Court concerned, which shall be considered and decided expeditiously. To the aforesaid, there is no objection. Accordingly, the application is disposed of in following terms:- (i) If the applicant surrenders himself before the Court concerned within three weeks from today and prefer an appropriate application seeking bail, then, the same shall be disposed of expeditiously by the Court concerned after taking note of observations made by the Hon'ble Apex Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and if the applicant failed to surrender himself before the Court concerned within the aforesaid period, then in that event, the Court/authority concerned is at liberty to proceed in the matter in accordance with law.
For the aforesaid period the the proceedings in issue shall be kept in abeyance. (ii) After the aforesaid if an application seeking discharge is preferred then the same shall also be considered and and disposed of strictly in accordance with law expeditiously by the Court concerned. With the aforesaid observations, the application is disposed of finally. October 28, 2025 Vinay/- A482 No. 8866 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench