Disposed

Rudra Prasad Mishra v. State of U.P.

Allahabad HC29 Jul 2024A482/22213/2024

Case brief

AI extract

What is this about?

A Section 482 Cr.P.C. application sought directions to the Chief Judicial Magistrate, Banda to decide a 1989 forgery/cheating case pending since an earlier quashing application was decided in 1999 but not communicated due to counsel's death. The High Court directed the trial court to decide any fresh application within sixty days, permitted appearance through counsel, and ordered no coercive actio

What did the court decide?

Trial court directed to decide the applicant's application within sixty days per the 1999 order; applicant allowed to appear through counsel; no coercive action against him meanwhile.

Rudra Prasad Mishra vs State of U.P. — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:128575

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 22213 of 2024

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Applicant :- Rudra Prasad Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Mishra,Chandrakesh Mishra,Sr. Advocate Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record.

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The present application u/s 482 Cr.P.C. has been filed with prayer to direct Chief Judicial Magistrate, Banda to decide the Case No. 1132 of 1989, Police Station-G.R.P. Banda, arising out of Crime No. 219 of 1987, under Sections 205, 420, 467, 468, 120B I.P.C. in lieu of observation made by this Court vide order dated 22.04.1999 in Criminal Misc. Application No. 2879 of 1991, filed under Section 482 Cr.P.C. (Rudra Prasad Mishra Vs. State of U.P.) by order dated 22.04.1999 and to permit the applicant to submit application through lawyer.

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It is submitted by learned counsel for the applicant that in this case Hari Shanker @ Vijay Kumar was an accused in Case No. 1971 of 1986, under Section 4/25 Arms Act which was pending before the learned court of Judicial Magistrate, First Class, Central Railway Banda. Jageshwar and Rudra Prasad Mishra (applicant) stood as sureties of the accused Hari Shanker @ Vijay Kumar. During the course of trial the accused Hari Shanker @ Vijay Kumar became absent due to which notices were issued to the sureties Jageshwar and Rudra Prasad Mishra. Jageshwar appeared before the learned court and contended that he did not stand as surety, but photograph on the bail bond was of some other person. Upon this, learned court ordered to register a case on 14.11.1987 and pursuant to which, a case as Crime No. 219/87 under Sections 205, 420, 467, 468, 120B I.P.C., Police Station-G.R.P. Banda was registered, in which present applicant Rudra Prasad Mishra was also made an accused. Later on, after trial main accused Hari Shanker was acquitted. Thereafter, present applicant filed Criminal Misc. Application No. 2879 of 1991, under Section 482 Cr.P.C. before this Court in Case No. 1132 of 1989 arising out of Crime No. 219

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of 1987, for quashing the criminal proceeding after submission of charge sheet filed by police in which proceedings of the learned trial court were stayed and the application was decided finally on 22.04.1999. In the meantime, learned counsel for the applicant Sri K.C. Srivastava died due to which this order could not be communicated to Rudra Prasad Misra (applicant), therefore, he could not file copy of the order before the learned trial court, as a result it is still pending, therefore, request to direct the learned court to decide the Case No. 1132 of 1989, Police Station-G.R.P. Banda, arising out of Crime No. 219 of 1987 in view of observation made by this Court in the order dated 22.04.1999 in application filed under Section 482 Cr.P.C. No 2879 of 1991.

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Learned A.G.A. has no objection in this regard.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record and the relevant papers including the order passed by this Court dated 22.04.1999 in Criminal Misc. Application No. 2879 of 1991, filed under Section 482 Cr.P.C., it is expedient to direct the learned trial court to make its endeavour to decide the application to be moved by the applicant in Case No. 1132 of 1989, arising out of Crime No. 219 of 1987, under Sections 205, 420, 467, 468, 120B I.P.C., if case is still pending, within a period of sixty days from the date of production of certified copy of this order, in the light of the order passed by this Court in Criminal Misc. Application No. 2879 of 1991, filed under Section 482 Cr.P.C. dated 22.04.1999 in letter and spirit by permitting the applicant to appear through counsel till disposal of the application.

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In the meantime, no coercive action shall be taken against the applicant.

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It is made clear that if the applicant fails to move any such application within a period of 45 days from today, this order will have no any effect.

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Accordingly, this application u/s 482 Cr.P.C. is disposed of finally.

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Order Date :- 8.8.2024 Sunil Kr. Gupta

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Digitally signed by :- SUNIL KUMAR GUPTA High Court of Judicature at Allahabad

Rudra Prasad Mishra v. State of U.P.

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Rudra Prasad Mishra v. State of U.P.

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