RAVI PRAKASH MISHRA @ RAVI SHANKAR v. STATE OF U.P. AND ANOTHER
A482/1736/2025 · 2025-01-31
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8892 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8892 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:14222 Court No. - 74 Case :- APPLICATION U/S 482 No. - 1736 of 2025 Applicant :- Ravi Prakash Mishra @ Ravi Shankar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Tripathi,Krishna Kant Tiwari,Suneel Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State respondent and perused the record on Board.
2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. to quash the entire proceeding as well as Charge sheet dated 20.03.2008 and cognizance/summoning order dated 01.07.2008 in Case No. 812 of 2008, (State Vs. Dhirendra Kumar Singh @ Dhara Singh and others), arising out of Case Crime No.291 of 2007 under Sections 323, 504 of I.P.C., Police Station-Sarai Inayat, District- Allahabad, pending in the court of Additional Chief Judicial Magistrate- Court No. 9, Allahabad.
3. It is submitted that initially the applicant was enlarged on bail, however, subsequently, he could not appear before the court below and participate in the court proceedings for want of proper knowledge qua date fixed in the matter which led issuance of non-bailable warrant against him. It is next submitted that the petitioner is ready and willing to cooperate with the court proceedings, provided some interim protection may be granted to him so that he may be available before the court below.
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 aforesaid criminal case.
7. As per observation made above, instant application is
disposed of.
Order Date :- 31.1.2025/vkg Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad