Disposed

Aniruddh Singh Patel v. State of U.P. and 2 Others

Allahabad HC15 Apr 2025NA528/12275/2025

Case brief

AI extract

What is this about?

Applicant, alleging his arrest was illegal after an interim stay lapsed, sought a direction to the court below to decide his pending applications. The court allowed amendment of the prayer clause and disposed of the application with a one-month time-bound direction.

What did the court decide?

Court below directed to decide applications dated 3.6.2024 and 30.7.2024 within one month from presentation of certified copy of this order.

Aniruddh Singh Patel vs State of U.P. and 2 Others — Bail and Remand | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:54822

¶2

Court No. - 70

¶3

Case :- APPLICATION U/S 528 BNSS No. - 12275 of 2025

¶4

Applicant :- Aniruddh Singh Patel Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Rajeev Misra,J.

¶6

Heard Mr. Kameshwar Singh, the learned counsel for applicant and the learned A.G.A. for state.

¶7

At the very outset, the learned counsel for applicant submits that the prayer prayed for by means of this application is incorrect,therefore, he seeks permission of Court to amend the same.

¶8

Prayer made by the learned counsel for applicant is bonafide. The same is not opposed by the learned A.G.A.

¶9

Accordingly, it is allowed.

¶10

Let necessary amendment in the prayer clause of this application be carried out by the learned counsel for applicant during course of the day.

¶11

Learned counsel for applicant submits that applicant had earlier approached this Court by means of an Application U/S 482 Cr.P.C. No. 17921 of 2018 (Pramod Kumar Shukla @ Gopal Ji And Another Vs. State of U.P. and Another) wherein an interim order dated 4.7.2018 was passed. However, subsequently, the Apex Court in Asian Resurfacing of Road Pvt. Ltd Vs. C.B.I., 2018 (16) SCC 299 has held that irrespective of the order passed by High Court in any criminal matter, the same shall become inoperative after six months. Subsequently, a five Judges Bench of Supreme Court in the case of High Court Bar Association, Allahabad Vs. State of U.P. and Others, 2024 SCC Online SC 207 held that the interim order passed by High Court shall continue to operate till it has been specifically vacted. However, irrespective of above, the applicant was illegally arrested by Police Authorities. Subsequently, he was released on bail by Court below.

¶12

On the above premise, the learned counsel for applicant submits that since arrest of the applicant was itself illegal, therefore he filed an application dated 3.6.2024 and 30.7.2024. Copies of same are on record as Annexures-3 and 4 to the affidavit filed in support of present application. On the aforesaid conspectus, it is urged by the learned counsel for applicant that interest of justice shall better be served in case a direction is issued to Court below to decide aforementioned applications within a time bound period.

¶13

Learned A.G.A. for State/opposite party-1 has no objection to the prayer made by the learned counsel for applicant .

¶14

Having heard the learned counsel for applicant, the learned A.G.A. for State/opposite party-1, and upon perusal of record this Court finds that no useful purpose shall be served in keeping this application pending.

¶15

Accordingly, this application is disposed of finally with a direction to court concerned to decide the application dated 3.6.2024 and 30.7.2024 within a period of one month from the date of presentation of certified copy of this order.

¶16

Order Date :- 15.4.2025

¶17

Arshad

¶18

Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Aniruddh Singh Patel v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Aniruddh Singh Patel v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Satyendra Jain and 2 Others vs State of U.P. and Another

Umesh Alias Vikash Teli vs State of U.P. and Another

Chhavi Nath Singh Alias Chhunna vs State of U.P. and Another

Lalit Kaushik vs State of U.P. and 3 Others

Ajeet vs State of U.P. and Another

Siddharth Alias Shivam vs State of U.P. and 3 Others