KAILASH PRAKASH YADAV v. State of U.P. AND ANOTHER
A482/20242/2024 · 2025-09-10
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71644 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71644 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 20242 of 2024 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the cognizance order dated 15.09.2022 as well as entire proceeding of Complaint Case No. 533 of 2021 (Ram Shiromani Vs. Kailash Prakash Yadav) under Sections 323, 504, 506, 419, 420, 467, 468 IPC, Police Station Buxa, District Jaunpur, pending in the Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Jaunpur and present application may be connected along with the record of application under Section 482 Cr.P.C No. 35304 of 2023 (Vishal Chauhan @ Vishal Singh Chauhan vs. State of U.P. and others). From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required. Accordingly, prayer of the applicant is refused. However, considering the prayer made by learned counsel for the Versus Counsel for Applicant(s) : Lal Chandra Yadav Counsel for Opposite Party(s) : G.A. Kailash Prakash Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
applicant, it is directed that in case the applicant applies for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, no coercive measures shall be taken against the applicant. With the above observations, this application under Section 482 Cr.P.C. is disposed of.
September 11, 2025 Puspendra A482 No. 20242 of 2024 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad