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2026 DAILYLAW 9702 (ALL)

JITENDRA v. STATE OF U.P. AND ANOTHER

A482/28292/2021 · 2026-09-22

Nand Prabha Shukla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 28292 of 2021 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Pradeep Kumar Mishra, learned counsel for the applicant, Mr. Manoj Yadav, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed with a prayer to allow the present application and quash the order dated 10.11.2021 passed by learned Judicial Magistrate, Jalaun in Case No. 1099 of 2010 (State Vs. Praja Ram and others) arising out of Case Crime No. 439 of 2010, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station-Rampura, District-Jalaun, pending before the Court of learned Judicial Magistrate, Jalaun and to stay the further proceeding of the aforesaid Case. 3. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. 4. Accordingly, prayer for quashing is declined. 5. In case, the applicant is not on bail, it is directed that if the applicant appears or surrenders through counsel before the Trial Court and makes Versus Counsel for Applicant(s) : Pradeep Kumar Mishra Counsel for Opposite Party(s) : G.A., Manoj Yadav Jitendra .....Applicant(s) State of U.P. and Another .....Opposite Party(s) an application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously, after giving opportunity to the other side. 6. Further, it is provided that in case the applicant moves an application for discharge at an appropriate stage through counsel, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within six weeks thereafter. 7. For a period of 45 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicant in the aforesaid case. 8. With the aforesaid direction, this application is disposed of. September 23, 2026 Shivani Sri. A482 No. 28292 of 2021 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad