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2025 DAILYLAW 24684 (ALL)

RAMESH v. STATE OF U.P AND ANOTHER

NA528/7200/2025 · 2025-03-04

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31476 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 7200 of 2025 Applicant :- Ramesh Opposite Party :- State Of U.P And Another Counsel for Applicant :- Lakshmi Kant Singh,Santosh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Lakshmi Kant Singh, learned counsel for the applicant as well as Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record. Earlier the applicant has approached this Court by means of filing Application U/S 482 No.32907 of 2024 (Ramesh vs. State of U.P. and Another) wherein vide order dated 15.10.2024, this Court has directed the applicant to file surrender application before the court concerned within two weeks. On receiving the surrender application, the court concerned was expected to obtain instructions from the Public Prosecutor and fix date for appearance/surrender of the applicant and for hearing the applicant on the surrender application. The applicant was also given liberty to prefer a bail application after providing a copy of the same to the Public Prosecutor. In case of any such bail application being filed by the applicant, the court below was directed to decide the same in accordance with law, keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. The aforesaid application was filed with the following prayer :- "This application under Section 482 Cr.P.C. has been filed by the applicant challenging the proceedings of Case No. 18447 of 2022 (State v. Ramesh), arising out of Case Crime No.727 of 2021, under Section 494 IPC, Police Station Kotwali Shahar, District Bijnor as well as NBW dated 13.09.2024 issued by Chief Judicial Magistrate, Bijnor." The present application has been filed with a prayer to quash the order dated 14.08.2024 vide which charges have been framed against the applicant. This is second Application filed U/S 482 Cr.P.C. challenging the consequential proceeding in the same case which is not maintainable. Accordingly, the present application is dismissed. Order Date :- 5.3.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad