MUKESH SINGH @ MUKESH KUMAR SINGH AND 10 OTHERS v. STATE OF U.P. AND ANOTHER
A482/2112/2025 · 2025-02-23
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7957 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7957 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:25773 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2112 of 2025 Applicant :- Mukesh Singh @ Mukesh Kumar Singh And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Ajay Kumar Srivastava, learned counsel for the applicants, Sri Indrajeet Singh Yadav, learned A.G.A. and Sri Pradeep Kumar Kashyap (AoR No. 0226/12), who appears for the O.P. No.2. 2. A statement has been made by Sri Pradeep Kumar Kashyap, who appears for O.P. No.2, that he has already filed a short counter affidavit along with vakalatnama, however, his name is not printed in the cause list from the side of opposite party. 3. The Court required the Bench Secretary to verify the said fact and as per the status report as reflected on the website of the High Court, a short counter affidavit and a vakalatnama is already on record. The Court has called for the same. 4. This is an application under Section 482 CrPC preferred for quashing of the Charge Sheet No. 01/2021 dated 28.07.2021, cognizance/ summoning order dated 22.09.2021 as well as the entire proceeding of Case No.25195 of 2021, arising out of Case Crime No.181 of 2021, under Sections 147, 323, 504, 506, 325, 308 IPC, P.S. Cholapur, District Varanasi, pending in the Court of Addl. Chief Judicial Magistrate-1st, District Varanasi. 5. Learned counsel for the applicants has invited the attention of the Court towards Annexure-5 at page 72 onward, reference whereof has been made in paragraph-12 of the affidavit, so as to contend that the applicants and the opposite party no.2 have entered into the compromise out of the Court on 27.08.2024 and thereafter filed the same before the court below on 10.10.2024, a copy whereof is annexed as Annexure-6 at page-81 of the paper- book. Learned counsel for the applicants submits that till the verification is done, interim protection be accorded to the applicants. Reliance has been placed upon the judgments in Narinder Singh vs. State of Punjab reported in (2014) 6 SCC 466 and Yogendra Yadav vs. State of Jharkhand reported in (2014) 9
SCC 653. 6. Learned A.G.A. as well as counsel for O.P. No. 2 have no objection to the same. 7.
Considering the submissions of the parties as well as stand taken by them, the application stands disposed of providing that the applicant shall appear before the court below along with the self- attested copy of the application under Section 482 CrPC, 1973 and the certified copy of the order on 06.03.2025, on the receipt of which, the court below shall undertake process of verification and the same be done by 26.05.2025. 8. In view of aforesaid, the application stands disposed of. 9. Till the verification proceeding is done, no coercive action shall be taken against the applicants in Case No.25195 of 2021, arising out of Case Crime No.181 of 2021, under Sections 147, 323, 504, 506, 325, 308 IPC, P.S. Cholapur, District Varanasi, pending in the Court of Addl. Chief Judicial Magistrate-1st, District Varanasi. 10. In case of default, interim protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicants will be free to approach this Court again. Order Date :- 24.2.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad