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2026 DAILYLAW 9327 (ALL)

VINOD JAISWAL @ VINOD KUMAR JAISWAL v. STATE OF U.P. AND ANOTHER

A227/10251/2026 · 2026-09-20

Vikram D Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10251 of 2026 Court No. - 55 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. The petition is filed with the following prayer:- "I) An order or direction to quash impugned orders dated 07.07.2026 & 14.07.2026 passed by Gram Nyayalaya, Tehsil Kerakat, District Jaunpur in Case No. 121/2020 (State Vs Nadeem), pending before him, in pursuance of Case Crime No. 1392 of 2016, Under Section 323, 504 & 506 IPC, P.S. Kerakat, District Jaunpur. II) Issue a judgment, order or direction, directing to quash the entire proceeding of Case No. 121/2020 (State Vs Nadeem), pending before Gram Nyayalaya, Kerakat, District Jaunpur, Case Crime No. 1392 of 2016, Under Section 323, 504 & 506 IPC, P.S. Kerakat, District Jaunpur. " 3. Learned counsel for the petitioner submits that petitioner is the informant and prosecution witness Dr. A.P. Singh was not produced by the prosecution despite non-bailable warrant issued. Learned counsel for the petitioner further submits that non-bailable warrant was not executed and as such court concerned by order dated 7.7.2026 and 14.7.2026 passed by the Gram Nyayalaya has closed the opportunity. Learned counsel for the petitioner further submits that closing of opportunity of the prosecution witness would result in unfair prosecution. Versus Counsel for Petitioner(s) : Ashish Srivastava Counsel for Respondent(s) : Ashish Kumar Dubey, G.A., Rakesh Kumar Pandey Vinod Jaiswal @ Vinod Kumar Jaiswal .....Petitioner(s) State of U.P. and Another .....Respondent(s) 4. At this stage, learned A.G.A. for the State on instructions submits that Dr. A.P. Singh, who is the prosecution witness, would be produced before the trial court court within one month from today. 5. Sri Rakesh Kumar Pandey, learned counsel for the accused-respondent no. 2 has no objection. 6. In view of the aforesaid, one last opportunity is granted to the prosecution to produce Dr. A.P. Singh before the court concerned on the next date or within one month from today whose statement shall be recorded by the prosecution and cross examination would be permitted and trial would be completed within a period of six months. 7. With the aforesaid observation/direction, the petition is disposed of. 8. A copy of this order shall be sent by learned A.G.A. for the State to the Director Prosecution as well as Dr. A.P. Singh through the prosecution. September 21, 2026 VMA A227 No. 10251 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad