Devendra Pratap Singh @ Devkaran Singh Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another — Allahabad HC (2025) — LawSathi Research

Devendra Pratap Singh @ Devkaran Singh Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: applicant to file an application for recall of the order dated 17.04.2025 within one week; trial court thereafter to decide that application on merits, after affording opportunity of hearing to all aggrieved parties, within two weeks.

Issue for consideration

Whether the application under Section 482 Cr.P.C./Section 528 B.N.S.S. seeking quashing of the impugned order dated 17.04.2025 (which rejected application No.217Kha as not pressed) should be allowed. +1 more

Court's answer

In view of the aforesaid facts, the applicant is directed to move an application for recall of the order dated 17.04.2025 within a period of one week from the date of this judgment.

Ratio / Principle

Learned counsel for the applicant fairly admitted that application no.217kha was not pressed at the time of hearing of the case; therefore its contents cannot be looked into by this Court since the issue in question is yet to be decided by the trial Court, and this Court cannot give any findings on them.

Key takeaways

On going through the record, para 3 of the impugned order dated 17.04.2025 makes it clear that application no.217kha was called out but none appeared to press the said application.ratio¶16
Once the recall application is filed, the learned trial court is directed to decide it on merits after affording an opportunity of hearing to all aggrieved parties within two weeks thereafter.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Brij Raj Singh J., disposed (08.12.2025) APPLICATION U/S 482 No. 10267 of 2025, Devendra Pratap Singh @ Devkaran Singh v. State of U.P. The application under S.482 Cr.P.C./S.528 B.N.S.S. sought quashing of the order dated 17.04.2025 of the Additional Session Judge, Court No.3, Gonda in Session Trial No. 98 of 2016 (arising out of Case Crime No. 612 of 2015, under Sections 147, 148, 149, 302, 307 IPC and Sections 3/25 and 4/25 of Arms Act, P.S. Nawabganj, District Gonda), whereby application No.217Kha dated 21.02.2025 stood rejected as 'not pressed'. Counsel for the applicant conceded the application had not been pressed; the Court accordingly held that its contents could not be looked into, the underlying issue remaining undecided before the trial court, and that it could give no findings. Confirming from para 3 of the impugned order that the application was called out with no one appearing to press it, the Court directed the applicant to move a recall application within one week, to be decided by the trial court on merits within two weeks thereafter after hearing all aggrieved parties.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 10267 of 2025

Devendra Pratap Singh @ Devkaran Singh

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s)

Counsel for Applicant(s) : Raj Priya Srivastava, Brij Mohan Sahai Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard Shri Brij Mohan Sahai, learned counsel for the applicant as well as learned Additional Government Advocate for the State and Sri Vijay Kumar Mishra,, learned counsel who has filed power on behalf of Lavkush Pathak, which is taken on record.

By means of this application under Section 482 Cr.P.C./Section 528 B.N.S.S., the applicant has sought quashing of impugned order dated 17.04.2025 passed by Additional Session Judge, Court No.3, Gonda in Session Trial No. 98 of 2016, arising out of Case Crime No. 612 of 2015, under Sections 147, 148, 149, 302, 307 of Indian Penal Code and Sections 3/25 and 4/25 of Arms Act, Police Station - Nawabganj, District - Gonda whereby the application No.217Kha dated 21.02.2025 has been rejected on the ground of not being pressed.

Shri Brij Mohan Sahai, learned counsel for the applicant has fairly admitted that the application no.217kha which was filed by the applicant was not pressed at the time of hearing of the case, therefore, the contents of the aforesaid application cannot be looked into by this Court since the issue in question is yet to be decided by the trial Court. Therefore, this Court cannot give any findings.

After going through the record, it is clear in the para 3 of the impugned order dated 17.04.2025 which indicates that the application no.217kha

A482 No. 10267 of 2025

2

was called out but none has appeared to press the said application.

In view of aforesaid facts, I direct the applicant to move an application for recall of the order dated 17.04.2025 within a period of one week from today. After the said application is filed, learned trial court is directed to decide the same on merits after affording opportunity of hearing to all the aggrieved parties within a period of two weeks thereafter.

With the aforesaid observations/directions, this application stands disposed of .

(Brij Raj Singh,J.)

December 8, 2025

Mohit Singh/-

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench