Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 92595 (ALL)

ROMENDRA MEHTA v. STATE OF U.P.

NA528/29939/2024 · 2025-04-08

Manju Rani Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 29939 of 2024 Applicant :- Romendra Mehta Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Mr. Arvind Agrawal, Advocate has filed his Vakalatnama on behalf of opposite party no.2 today in the Court, is taken on record. Heard Mr. Raghuvansh Misra, learned counsel for the applicant, Mr. Arvind Agrawal, learned counsel assisted by Mr. Ritik Mishra, Advocate for the informant and Mr. Amit Singh Chauhan, learned A.G.A. for the State. This application U/S 528 BNSS has been filed on behalf of the applicant for the following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to quash the order dated 16.08.2024 of Additional District & Sessions Judge, Court No.16, Kanpur Nagar in Criminal Revision No. 385 of 2024 (Romendra Mehta Vs. State of U.P.), under Sections 406, 409, 420, 467, 468, 471, 120B I.P.C. in Case Crime No. 120 of 2018 (EDW Case No.35 of 2018), Police Station Swaroop Nagar, District Kanpur Nagar in so far as, it directs for the travel request on behalf of the applicant, to be entertained after framing of charges in Case No.111637 of 2021 (State of U.P. Vs. Somendra Asthana and others). It is further prayed that this Hon'ble Court may be pleased to allow the applicant to travel to London from 01.09.2024 to 17.09.2024 or such other period that this HOn'ble Court may deem fit for the essential purpose of facilitating his daughters admission process and making provision for lodging, etc. during the pendency of this application before this Hon'ble Court, otherwise, the applicant would suffer irreparable loss and injury." On the basis of statement made by Mr. Raghuvansh Misra, learned counsel for the applicant order dated 06.09.2024 was passed, which reads as under:- "1. Due to paucity of time, the case could not be heard. 2. Sri Raghuvansh Misra, learned counsel for the applicant however submits that the instant matter may be posted on Monday considering the urgency in the matter as if the instant application is not heard till 09.09.2024 then it will become infructuous. 3. Considering the submission made by learned counsel for the applicant, put up this case as fresh on 09.09.2024 before appropriate bench." Today, when the matter is taken up, Mr. Raghuvansh Misra, learned counsel for the applicant submits that he has already stated that the second prayer i.e. to allow the applicant to travel to London from 01.09.2024 to 17.09.2024 for essential purposes of facilitating his daughters admission process and making provision for lodging etc., has already become infructuous. As regards the second prayer with respect to observation made by the Revisional Court in its order dated 16.08.2024 that the application for travel request made on behalf of the applicant shall be entertained only after framing of charge, he submits that 10th April, 2025 is the date fixed on the discharge application as moved by the applicants. He undertakes that the applicant shall appear for the same and appropriate order may be passed by the court in accordance with law. However, in future, in case, the applicant moves an application for travel request, the same may be decided without being affected by the observations made by the Revisional Court. Mr. Arvind Agrawal, learned counsel for the informant has no objection to the aforesaid prayer made by counsel for the applicant. He submits that the concerned court may be directed to pass appropriate orders in the discharge application on the date fixed i.e. 10.04.2025. In view of the aforesaid, the court concerned is directed to decide the discharge application on 10.04.2025 in accordance with law, without being affected by the observations made by Revisional Court vide order dated 16.08.2024. Needless to say that in future in case any application for travel request is moved by the applicant, the same shall be considered and decided in accordance with law keeping in mind the observation made by the Apex Court as well as the conditions made in the anticipatory bail order. With the aforesaid order, the instant application is disposed off. Order Date :- 9.4.2025/Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad