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2025 DAILYLAW 40449 (ALL)

ANIRUDDH SINGH PATEL v. STATE OF U.P. AND 2 OTHERS

NA528/12275/2025 · 2025-04-14

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54822 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 12275 of 2025 Applicant :- Aniruddh Singh Patel Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Kameshwar Singh, the learned counsel for applicant and the learned A.G.A. for state. At the very outset, the learned counsel for applicant submits that the prayer prayed for by means of this application is incorrect,therefore, he seeks permission of Court to amend the same. Prayer made by the learned counsel for applicant is bonafide. The same is not opposed by the learned A.G.A. Accordingly, it is allowed. Let necessary amendment in the prayer clause of this application be carried out by the learned counsel for applicant during course of the day. Learned counsel for applicant submits that applicant had earlier approached this Court by means of an Application U/S 482 Cr.P.C. No. 17921 of 2018 (Pramod Kumar Shukla @ Gopal Ji And Another Vs. State of U.P. and Another) wherein an interim order dated 4.7.2018 was passed. However, subsequently, the Apex Court in Asian Resurfacing of Road Pvt. Ltd Vs. C.B.I., 2018 (16) SCC 299 has held that irrespective of the order passed by High Court in any criminal matter, the same shall become inoperative after six months. Subsequently, a five Judges Bench of Supreme Court in the case of High Court Bar Association, Allahabad Vs. State of U.P. and Others, 2024 SCC Online SC 207 held that the interim order passed by High Court shall continue to operate till it has been specifically vacted. However, irrespective of above, the applicant was illegally arrested by Police Authorities. Subsequently, he was released on bail by Court below. On the above premise, the learned counsel for applicant submits that since arrest of the applicant was itself illegal, therefore he filed an application dated 3.6.2024 and 30.7.2024. Copies of same are on record as Annexures-3 and 4 to the affidavit filed in support of present application. On the aforesaid conspectus, it is urged by the learned counsel for applicant that interest of justice shall better be served in case a direction is issued to Court below to decide aforementioned applications within a time bound period. Learned A.G.A. for State/opposite party-1 has no objection to the prayer made by the learned counsel for applicant . Having heard the learned counsel for applicant, the learned A.G.A. for State/opposite party-1, and upon perusal of record this Court finds that no useful purpose shall be served in keeping this application pending. Accordingly, this application is disposed of finally with a direction to court concerned to decide the application dated 3.6.2024 and 30.7.2024 within a period of one month from the date of presentation of certified copy of this order. Order Date :- 15.4.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad