RAM KISHUN AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/16541/2025 · 2025-05-11
Rajeev Misra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56330 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56330 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:77059 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 16541 of 2025 Applicant :- Ram Kishun And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajat Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Rajat Kumar Singh, the learned counsel for applicants and the learned A.G.A. for State. Applicants Ram Kishun and Another who have been summoned by Court below in Complaint Case No. 1360 of 2009 (Jeet Bahadur Vs. Munni Lal) arising out Case Crime No. 103 of 1982, under sections 147, 148, 302 IPC, Police Station- Chandwak, District- Jaunpur have approached this Court under section 528 BNSS, challenging the order dated 22.4.2025, passed by Chief Judicial Magistrate, Jaunpur, whereby non bailable warrant was issued against applicants. At the very outset, the learned A.G.A. raised a preliminary objection by contending that neither the date of order, by which applicants were enlarged on bail has been mentioned in the affidavit accompanying the present application nor the copy of the
order sheet of the criminal case pending against the applicants has been brought on record. In the absence of above, it cannot be decided as to since when the applicants have been absconding from proceedings of above mentioned criminal case. On the above premise, the learned A.G.A. thus submits that no interference is warranted by this Court in present application. When confronted with above, the learned counsel for applicant could not overcome the same. Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by learned A.G.A. in opposition to this application is clearly borne out from the record and furthermore the same could not be dislodged by the learned counsel for applicants, with reference to the record. As such, no good ground exists to entertain the present application.
In view of above, this application fails and is liable to be dismissed. It is accordingly dismissed.
Order Date :- 12.5.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad