Akhilesh Rai and Another vs State of U.P. and Another — Corruption | Allahabad HC (2025)

Akhilesh Rai and Another vs State of U.P. and Another — Corruption | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing prayer dismissed as not pressed; however, the non-bailable warrants and process under Section 82 Cr.P.C. are kept in abeyance for two weeks or till appearance of the applicants, whichever is earlier, and if the applicants appear within two weeks and apply for bail / recall of the warrants and Section 82 process, the same shall be considered and decided in accordance with law.

Issue for consideration

Whether the charge sheet dated 19.7.1999, the cognizance/summoning order dated 29.07.1999 and the entire proceeding of Criminal Case No. 143 of 2014 arising out of Case Crime No. 90 of 1989 should be quashed under Section 482 Cr.P.C., with further proceedings stayed. +1 more

Court's answer

The prayer for quashing the charge sheet dated 19.7.1999, the cognizance/summoning order dated 29.07.1999 and the entire proceeding of Criminal Case No. 143 of 2014 is dismissed as not pressed, the applicants having chosen not to press the prayers on merits.

Ratio / Principle

If the accused-applicants appear before the court concerned within two weeks and apply for bail / file an application for recall of the non-bailable warrants and process under Section 82 Cr.P.C., the same shall be considered and decided in accordance with law.

Key takeaways

For two weeks from the date of the order or till appearance of the applicants, whichever is earlier, the non-bailable warrants and process under Section 82 Cr.P.C. are kept in abeyance; if the applicants do not appear within that time, the court concerned shall proceed as per law.ratio¶15

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. (APPLICATION U/S 482 No. 2142 of 2025, High Court of Judicature at Allahabad, Samit Gopal, J., order dated 22.1.2025) by Akhilesh Rai and Saiyad Raeesul Hasnain Rizvi seeking quashing of the charge sheet dated 19.7.1999, cognizance/summoning order dated 29.07.1999 and the entire proceeding of Criminal Case No. 143 of 2014 (State vs. Ram Murat Ram and others), arising out of Case Crime No. 90 of 1989 under Sections 304, 342, 323, 504 I.P.C. & Section 7/13 Prevention of Corruption Act, P.S.- Moosa Nagar, District Kanpur Dehat, pending before the Chief Judicial Magistrate, Kanpur Dehat. After arguments at length, counsel for the applicants did not press the prayers on merits, submitting that non-bailable warrants and process under Section 82 Cr.P.C. had been issued vide order dated 25.09.2024 and that the applicants' purpose would be served if permitted to appear before the trial court within two weeks and file a regular bail application / application for recall of the warrants and Section 82 process. The State raised no objection. The court dismissed the quashing prayer as not pressed, directed that if the accused-applicants appear and apply for bail / recall of the non-bailable warrants and Section 82 process within two weeks the same shall be considered and decided in accordance with law, and kept the non-bailable warrants and Section 82 process in abeyance for two weeks or till appearance, whichever is earlier, failing which the court concerned shall proceed as per law. Application disposed of.