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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 17001 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J.
1. Heard Shri Ram Sajiwan Prajapati, learned counsel for the applicant and learned A.G.A. for the State-respondent. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 of B.N.S.S. for setting aside the Charge-sheet dated 12.12.2020 as well as summoning order dated 21.01.2021 passed by learned Additional Chief Judicial Magistrate, Court No. 17, Allahabad and the entire proceedings of Case No. 256 of 2021 (State Vs. Alok Kumar Sharma) in Case Crime No. 302 of 2018, under Sections 420, 467, 468, 471 I.P.C. Police Station- Cantt, District- Allahabad, pending in the court of Additional Chief Judicial Magistrate III, Allahabad. 3. As per F.I.R. version, the present applicant, by impersonating himself as an Advocate, has appeared in several cases before the Hon'ble High Court i.e. (i) Writ C No. 37447 of 2010, dated 29.06.2010; (ii) Matter Under Article 227 No. 1823 of 2011; (iii) Matter Under Article 227 No. 1687 of 2011 and (iv) Civil Writ No. 21047 of 2013. He has committed offence of cheating and fraud. Learned counsel for the applicant has laid emphasis on Advocate certificate of the present applicant dated
20.01.2020. Learned A.G.A. has pointed out that all the four cases, as mentioned in the F.I.R., are of the year 2010, 2011, 2012 and 2013; however, Advocate certificate of the present applicant (Pg-60 of the paper book) is of January, 2020. Thus, prima facie, case is made out against the present applicant. After due deliberations at length, learned counsel for Versus Counsel for Applicant(s) : Ram Sajiwan Prajapati Counsel for Opposite Party(s) : G.A. Alok Kumar Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
the applicant has chosen not to press the instant application on merits. However, he has urged for interim protection to the present applicant so that he may appear before the court below and participate in the court proceedings. It is submitted that present applicant is ready and willing to appear before the court below to cooperate in the trial. They have never intended to ignore the court proceedings. As such, some protection may be granted. 4. Learned A.G.A. has no objection in case protection is granted to the present applicant to enable him to appear before the court below to participate in the court proceedings.
5. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction that in case present applicant appears/surrenders and move bail application before the court below within a period of three weeks from today, same shall be considered and decided in accordance with law expeditiously, preferably within a period of three weeks thereafter. 6. For a period of six weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicant in aforementioned criminal case. 7. As per observation made above, instant application is disposed of. September 18, 2025 Sumit K. NA528 No. 17001 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad