Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 24533 of 2024 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Shri Chaudhary Dil Nisar alongwith Shri Viresh Kumar Yadav, learned counsel for the applicant and the learned AGA.
2. This present application has been filed for seeking quashing of entire criminal proceeding of Case No.853 of 2021 (State vs. Ramdhyan Yadav @ Pintu Yadav) arising out of Case Crime No.582 of 2017 under Section 419, 420, 467, 468, 471 IPC & Section 12(2) Passport Act, Police Station Barahalganj, District Gorakhpur pending in the court of learned Chief Judicial Magistrate, Gorakhpur alongwith impugned charge sheet dated 06.09.2019 as well as impugned cognizance/summoning order dated 02.01.2021.
3. It is submitted by the learned counsel for the applicant that the proceeding instituted at the behest of Opposite party no.2, the same has been registered as Case Crime No.582 of 2017 (State vs. Ramdhyan Yadav @ Pintu Yadav) appear before the learned court concerned in pursuance of bailable warrants which is pending for more than 4 years compelling the applicant to appear before learned court concerned after summoning order issued way back in the year 2021 itself.
4. Although grounds are available but considering the continuous non-presence before learned court concerned which has already wasted more than 5 years and the entire proceeding has already been delayed at the behest of applicant himself and as such the prayer as made through the instant application cannot be acceded hence liable to be dismissed.
5. In view of the aforesaid, the instant application is Versus Counsel for Applicant(s) : Ch. Dil Nisar, Viresh Kumar Yadav Counsel for Opposite Party(s) : G.A. Ramdhyan Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
dismissed with a direction to the court concerned that in case, the applicant appears before the court concerned within a period of three weeks from today, no coercive action shall be taken against applicant herein in pursuance of said case till three weeks from today.
6. However, applicant will be at liberty to avail all other legal remedy available at law. September 11, 2025 Rakesh A482 No. 24533 of 2024 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad