RAMESH CHANDRA MISHRA v. STATE OF U.P. AND ANOTHER
A482/28201/2024 · 2025-07-17
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89491 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89491 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:116603 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.3) Court No. - 78 Case :- APPLICATION U/S 482 No. - 28201 of 2024 Applicant :- Ramesh Chandra Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanendra Kumar Mishra,Ramesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Ramesh Kumar Mishra and Sri Satyendra Tiwari, learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 06.09.2014 passed in Complaint Case/F.R. No.161 of 2010 (Bulaki vs. Manoj and Others), under Sections 323, 504, 506 I.P.C., P.S.- Mau-Aima, District- Allahabad, pending in the court of learned Additional Chief Judicial Magistrate, Allahabad.
3. Since, in the instant case the summoning order was passed on 06.09.2014 and till date, it is admitted by learned counsel of the applicants, he has never appeared before the trial court concerned. On this ground alone, this Court do not find any good reason to entertain the instant application. It is further submitted by learned counsel for the applicant that the complainant has already died, therefore, the proceedings are not sustainable in the instant case against the applicant.
4. It is informed by learned A.G.A. for the State that legal heirs of the complainant has already moved an application for substitution, which is pending before the court concerned. If the applicant has any grievance he can appear before the court and move an appropriate application, if so advised.
5. The instant application is dispose of accordingly. Order Date :- 18.7.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad