Disposed

Devendra Pratap Singh @ Devkaran Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC8 Dec 2025A482/10267/2025

Case brief

AI extract

What is this about?

Single-judge order holding that a Section 482 application cannot be decided on merits when the underlying quashing application was not pressed at the trial court hearing, and directing recall of the rejection order.

What did the court decide?

Application disposed; applicant directed to move for recall of the rejected order within one week.

Devendra Pratap Singh @ Devkaran Singh vs State of U.P… — Quashing and FIR | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 10267 of 2025

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Devendra Pratap Singh @ Devkaran Singh

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.....Applicant(s)

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Versus

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

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

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Court No. - 16

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HON'BLE BRIJ RAJ SINGH, J.

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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.

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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.

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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.

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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

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A482 No. 10267 of 2025

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

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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.

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

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(Brij Raj Singh,J.)

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December 8, 2025

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Mohit Singh/-

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

Devendra Pratap Singh @ Devkaran Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

What is this about?

What did the court decide?

Devendra Pratap Singh @ Devkaran Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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What did the court decide?

What the court decided

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