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2025 DAILYLAW 34190 (ALL)

PRAKASH CHAND @ PRAKASH CHAND DUBE v. STATE OF U.P. AND 3 OTHERS

CRLP/6701/2025 · 2025-05-01

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70443-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6701 of 2025 Petitioner :- Prakash Chand @ Prakash Chand Dube Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aishwarya Pratap Singh Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and Sri P.K.Jaiswar, learned AGA for the State. 2. The instant writ petition has been preferred for quashing the impugned Recovery Warrant dated 19.12.2024 purported to have been issued u/s 446 Cr.P.C. arising out of Criminal Misc. Case No. 482/2022 (State v. Prakash Chand @ Prakash Chand Dube), P.S. Kotwali Hathras, District Hathras. With a further prayer for a mandamus commanding the concerned respondents not to execute the impugned recovery warrant. 3. The record in question reflects that during the course of Session Trial No. 268 of 2017 (State v. Akash and others), accused Akash S/o Udal absconded and accordingly coercive processes were issued against him vide order dated 9.12.2022. Moreover, the learned trial court directed for initiation of proceedings u/s 446 Cr.P.C. against the present petitioner being one of surety of the aforesaid person namely Akash, which was registered as Criminal Misc. Case No. 482/2022 (State v. Prakash Chand @ Prakash Chand Dube and others). Learned counsel for the petitioner in this backdrop states that the petitioner had no knowledge about the aforesaid proceedings being drawn against him and it was only after the impugned recovery warrant dated 19.12.2024 got issued against him, he came to know about the same. He undertakes that he will fully cooperate with on-going process so as to bring the same to its logical conclusion. 4. Considering the facts and circumstances, we do not find that there is any grave illegality in the impugned recovery warrant, which warrants interference under Article 226 of the Constitution of India. However in the interest of justice, the instant writ petition stands disposed of with an observation to file a response within a weeks' time. In case any such response is filed within stipulated time, we hope and trust that Session Court would proceed strictly in accordance with law. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 2.5.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad