Disposed¶14

Kaushal Kumar Agarwal v. State of U.P. Thru. Prin. Secy. Deptt. of Home

Allahabad HC4 Apr 2025A482/2160/2025

Case brief

AI extract

What is this about?

Discharge of sureties; Section 482 Cr.P.C.; Section 528 B.N.S.S.; quashing of criminal proceedings; Special Case No. 362/2017; Case Crime No. 255/2009; Sections 420, 467, 468, 471, 504 IPC; Section 3(1)(X) SC/ST Act; P.S. Wazeerganj, District Lucknow; Special Judge (CBI) A.P., Lucknow; Shiva Kant Nayak vs. State of U.P. & Anr.; order dated 05.05.2017; record consigned 24.01.2023; AGA no objection; three-week timeline; Manish Kumar, J.; Allahabad High Court Lucknow Bench; order dated 4.4.2025.

What did the court decide?

Direction to the court concerned (Special Judge, (CBI) A.P., Lucknow) to take a decision on the applicant's application for discharge of sureties in accordance with law, within three weeks from the date of production/receipt of certified copy of the order. ¶14

Kaushal Kumar Agarwal Vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction should issue to the court of Special Judge, (CBI) A.P., Lucknow to decide the applicant's pending application for discharge of the sureties furnished in Special Case No. 362/2017, whose criminal proceedings stood quashed by this Court and whose record was consigned on 24.01.2023.

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Court's answer

Since the criminal proceedings have already been quashed by this Court (order dated 05.05.2017) and the file before the concerned court has been consigned to record by order dated 24.01.2023, the instant application is disposed of with a direction to the court concerned to take a decision on the applicant's application for discharge of sureties in accordance with law, within a period of three weeks from the date of production/receipt of certified copy of this order.

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Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C./Section 528 B.N.S.S. by a surety-furnishing applicant seeking discharge of sureties furnished during Special Case No. 362/2017 ('State of U.P. vs. Shivakant Nayak and Ors.', arising from Case Crime No. 255/2009 under Sections 420, 467, 468, 471, 504 IPC and Section 3(1)(X) SC/ST Act, P.S. Wazeerganj, Lucknow). The criminal proceedings had already been quashed by this Court vide order dated 05.05.2017 in U/S 482/378/407 No. 2816 of 2017 ('Shiva Kant Nayak vs. State of U.P. & Anr.'), and in compliance the Special Judge SC/ST Act, Lucknow consigned the record on 24.01.2023, but the sureties remained undischargeed despite a pending application. Learned AGA had no objection. Held: application disposed of with a direction to the court concerned to decide the discharge-of-sureties application in accordance with law within three weeks from production/receipt of certified copy of the order.

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Neutral Citation No. - 2025:AHC-LKO:18936

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 2160 of 2025

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Applicant :- Kaushal Kumar Agarwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home

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Counsel for Applicant :- Avinash Chandra,Pravin Kumar Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present application under Section 482 Cr.P.C./528 B.N.S.S. has been preferred with a prayer to direct the learned court of Special Judge, (CBI) A.P., Lucknow to discharge the sureties which has been furnished by the applicant during the proceeding of Special Case No. 362/2017 'State of U.P. vs. Shivakant Nayak and Ors.' in Case Crime No. 255/2009, under Sections 420, 467, 468, 471, 504 of IPC and Section 3(1)(X) of SC/ST Act, Police Station Wazeerganj, District Lucknow.

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Learned counsel for the applicant has submitted that the proceedings of criminal case has already been quashed by this Court by its order dated 05.05.2017 passed in U/S 482/378/407 No. 2816 of 2017 'Shiva Kant Nayak vs. State of U.P. & Anr.'

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It is further submitted that in compliance of the order of the Hon'ble High Court, the Special Judge SC/ST Act, Lucknow has consigned the record of the Special Case No. 362/2017 on 24.01.2023 which has been quashed by Hon'ble High Court by its judgment and order dated 05.05.2017 but the sureties have not been discharged.

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It is further submitted that the applicant has moved an application for discharge of sureties which is still pending, as such, a direction may be issued to the court concerned to decide the application preferred by the applicant within a stipulated time, as this Court may fix.

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Learned AGA has no objection to the prayer made by learned counsel for the applicant.

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In view of above, the instant application is disposed of with a direction to the court concerned to take a decision on the

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application of the applicant for discharge of sureties as the criminal proceedings have already been quashed by this Court, as discussed above, and the file before the concerned court has already been consigned to record by order dated 24.01.2023, in accordance with law, within a period of three weeks from the date of production/receipt of certified copy of this order.

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Order Date :- 4.4.2025 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Kaushal Kumar Agarwal v. State of U.P. Thru. Prin. Secy. Deptt. of Home

Case brief

What is this about?

What did the court decide?

Kaushal Kumar Agarwal v. State of U.P. Thru. Prin. Secy. Deptt. of Home

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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