SURYA PRAKASH AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/19247/2025 · 2025-09-07
Santosh Rai, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 90269 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 90269 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19247 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J.
HON'BLE SANTOSH RAI, J.
1. Heard learned counsel for the petitioners and learned AGA for the State.
2. Learned counsel for the petitioners submits that petitioners are the real brother of the co-accused Pramod Kumar who is absconding regarding Sessions Trial No.1176 of 2021, under Sections 147, 148, 307, 504 I.P.C., Police Station Dibai, District Bulandshahr. He further submits that petitioners and his absconding brother were living in a common place of residence inherited from their grand-father. Their absconding brother, Pramod Kumar, is residing at Nagla Dan Sahay in his matrimonial home along with is wife. The police instead of arresting him from there, has taken order from the court under Section 82/83 Cr.P.C. and trying to attache the entire house, wherein the petitioners are also residing with their families. They have not done anything wrong and a joint property cannot be attached without formal partition.
3. Learned AGA is granted three weeks time to obtain instructions and make efforts to search Pramod Kumar, absconding brother of the petitioners, on the address given in this order.
4. Till then, the proceedings under Sections 82/83 against the petitioners in pursuance of F.I.R. dated 14.03.2021 registered at Case Crime No.98 of 2021 under Sections 147, 148, 307, 504 I.P.C., Police Station Dibai, District Bulandshahr, shall be kept in abeyance. Versus Counsel for Petitioner(s) : Chandra Kant Bharadwaj Counsel for Respondent(s) : G.A. Surya Prakash And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
5. Put up this case as fresh case on 07.10.2025. September 8, 2025 A.N. Mishra CRLP No. 19247 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad