Dismissed¶16

Ramesh Kumar and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC8 Oct 2025A482/11595/2024

Case brief

AI extract

What is this about?

Section 482 quashing application DISMISSED as misconceived; challenge to charge sheet/proceedings in Case No.7027 of 2023 (Case Crime No.0579 of 2022, IPC Ss.147/365/386/406/506/343, P.S. Mankapur, Dist. Gonda); applicant alleged to be mere sale-deed witness wrongly charge-sheeted; cognizance taken 31.3.2023; set-aside application rejected by A.C.J.M., Gonda on 13.11.2024; NBW issued; liberty to apply for bail before trial court.

What did the court decide?

Prayer to quash declined; applicant directed to appear before the court below and move appropriate application for bail. ¶16

Ramesh Kumar and 3 Others Vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 11595 of 2024

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Ramesh Kumar And 3 Others

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) Counsel for Applicant(s) : Pradeep Kumar Shukla, Skand Bajpai Counsel for Opposite Party(s) : G.A.

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Court No. - 14

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HON'BLE RAJEEV SINGH, J.

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1. Heard learned counsel for the applicant and learned A.G.A. for the State.

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2. The present application has been filed with the prayer to quash the entire proceedings of Case No.7027 of 2023, arising out of Case Crime No.0579 of 2022 under Sections 147, 365, 386, 406, 506, 343 I.P.C., Police Station Mankapur, District Gonda.

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3. Learned counsel for the applicant submits that applicant is only witness in the alleged sale deed and charge sheet was wrongly filed by the Investigating Officer against the applicant, therefore, indulgence of this Court is necessary.

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4. Learned A.G.A. oppose the prayer of the applicant and submits that after filing of charge sheet cognizance was taken by the court below on 31.3.2023, thereafter, application was moved by the accused persons including the applicant for setting aside the cognizance order but the same was rejected by the learned A.C.J.M., Gonda on 13.11.2024 and issued N.B.W., therefore, application is liable to be dismissed.

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5. Considering the submissions of learned counsel for the applicant, learned A.G.A., going through the contents of the application as well as other relevant documents, as cognizance was taken by the

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A482 No. 11595 of 2024

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learned Magistrate on on 31.3.2023 and thereafter, application was filed by the applicant for setting aside the said order but same was also rejected and N.B.W. was issued, therefore, petition is misconceived and same is hereby dismissed .

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6. However, applicant is directed to appear before the court below and move appropriate application for bail.

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(Rajeev Singh,J.)

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October 8, 2025

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GauraV/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Ramesh Kumar and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

What is this about?

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Ramesh Kumar and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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