Rajesh Verma Vs State of U.P. Thru. Its Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

Rajesh Verma Vs State of U.P. Thru. Its Prin. Secy… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of without quashing; applicant given two weeks to appear before the trial court and move an appropriate application (including for recall of the non-bailable warrant), to be considered and decided expeditiously per law, with no coercive action against him for two weeks; coercive action to follow if he does not appear.

Issue for consideration

Whether, in a Section 482 Cr.P.C. application seeking quashing of the summoning order and charge sheet, the applicant should be afforded a period to appear before the trial court (including to seek recall of the non-bailable warrant) with interim protection from coercive action.

Court's answer

If the applicant appears before the court concerned within two weeks and moves an appropriate application before the trial court, including for recall of the non-bailable warrant, the trial court shall consider and decide it expeditiously, strictly in accordance with law.

Ratio / Principle

For a period of two weeks, no coercive action shall be taken against the applicant so far as the proceedings in issue are concerned.

Key takeaways

If the applicant does not appear in terms of this order, coercive action shall be taken against him.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Saurabh Lavania, J. (Order dated 16.1.2025): Application under Section 482 Cr.P.C. by Rajesh Verma seeking setting aside of the summoning order dated 16.04.2013 passed in Criminal Case No. 3303136/2013 (State of U.P. Vrs. Manoj Soni & others) and quashing of charge sheet No. 05/2013 dated 16.01.2013 arising out of Case Crime No. 208 of 2012 under Sections 147, 504, 506, 406 IPC, P.S. Gomtinagar, District Lucknow, pending before the learned CJM, Lucknow, so far as against the applicant, along with stay of the order dated 21.11.2024 issuing a non-bailable warrant. Considering the law laid down in Inder Mohan Goswami (2007) 12 SCC 1, Sunil Tyagi (2021 SCC OnLine Del 3597) and Satender Kumar Antil ((2022) 10 S.C.R. 351 : (2022) 10 SCC 51) and counsel's statement that the applicant would appear, the Court disposed of the application: if the applicant appears within two weeks and moves an appropriate application (including for recall of the NBW), the trial court to decide it expeditiously per law; no coercive action for two weeks; coercive action if he fails to appear. Quashing was not granted.

Neutral Citation No. - 2025:AHC-LKO:2817

Court No. - 12

Case :- APPLICATION U/S 482 No. - 38 of 2025

Applicant :- Rajesh Verma Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home At Lko. And Another Counsel for Applicant :- Puttu Lal Misra Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the parties.

The present application has been filed for the following main relief(s):-

"For the facts, reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned summoning order dated 16.04.2013 passed against the applicant/accused in Criminal Case No. 3303136/2013, State of U.P. Vrs. Manoj Soni & others and quash the related charge sheet No. 05/2013 dated 16.01.2013 arising out of Case Crime No. 208 of 2012, U/s. 147, 504, 506, 406 IPC registered on 14.05.2012 at Police Station- Gomtinagar, District- Lucknow, pending in the Court of learned Chief Judicial Magistrate, District- Lucknow so far it is against the present applicant, in the interest of justice; (FIR contained in Annexure-01, impugned Charge Sheet in Annexure-02 and summoning order in Annexure-03).

And further Hon'ble Court may kindly be pleased to stay proceedings of the aforesaid case as well as effect and operation of order dated 21.11.2024 for issuance of non-bailable warrant during pendency of the present application U/s. 482 Cr.P.C. preferred by the applicant/accused."

Considering the facts and circumstances of the case as also the law laid down by the Hon'ble Apex Court in the case of Inder Mohan Goswami and another vs. State of Uttranchal and others reported in (2007) 12 SCC 1, Sunil Tyagi vs. Govt. of NCT of Delhi and another reported in 2021 SCC OnLine Del 3597 and Satender Kumar Antil versus Central Bureau of Investigation and another reported in (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and the statement of counsel for the applicant that the applicant would appear before the court concerned, it is provided that if the applicant appear before the court concerned within two weeks from today and move an appropriate application before the trial court including for recall of non-bailable warrant, the same shall be considered and decided by the trial court expeditiously strictly in accordance with law.

For a period of two weeks, no coercive action shall be taken against the applicant so far as the proceedings in issue are concerned.

In case, the applicant does not appear in terms of this order, coercive action shall be taken against him.

The present application is disposed of in above terms.

Order Date :- 16.1.2025 Arun/-

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench