Kaushlendra Yadav and Another Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:17583

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 3674 of 2025

Applicant :- Kaushlendra Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Shri Upendra Upadhyay, learned counsel for the applicants and Shri Vikash Sharma, learned State Law Officer appearing on behalf of the State-respondent.

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This application has been filed u/s 482 Cr.P.C. for quashing the entire proceedings of Criminal Case No.2375 of 2010 (State Vs. Kaushlendra Yadav and others) arising out of Case Crime No.933 of 2009, under Sections 406, 411 IPC, Police Station- Civil Line, District- Rampur pending in the court of Chief Judicial Magistrate, Rampur.

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In view of the order which is being proposed to be passed, notices are not being issued to the opposite party No.2.

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Learned counsel for the applicants submits that with respect to surreptitious diversion of alcohol/liquor during transportation from Rampur Distillery (Radico Khaitan Ltd.), a first information report stood lodged at Civil Lines, Rampur. The applicants claimed themselves to be resident of district Etah, where certain recoveries were sought to be effectuated pursuant whereto criminal proceedings were sought to be lodged against the applicants and in the recovery memo, reference was made to the criminal case which

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was registered in the district Rampur.

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Learned counsel for the applicants submits that with relation to the recovery and the criminal offences sought to be alleged to have been made in district Etah, the applicants participated in the proceedings and also obtained bail orders, however, the applicant came to know that in the Criminal Case No. 2375 of 2010 (State Vs. Kaushlendra Yadav and others) arising out of Case Crime No.933 of 2009, under Sections 406, 411 IPC, Police Station- Civil Line, District- Rampur pending in the court of Chief Judicial Magistrate, Rampur, non-bailable warrants have been issued on 15.10.2015. Learned counsel for the applicants submits that he was not within the knowledge of the same and they were not the resident of the district Rampur also.

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Learned counsel for the applicants thus submits that he shall be moving an appropriate application as per the provisions contained under the Code of Criminal Procedure, 1973/Bhartiya Nagarik Suraksha Sanhita, 2023 for recalling the non-billable warrants.

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Learned State Law Officer, on the other hand, submits that it is always open for the applicants to approach the court below and rather they can also initiate proceedings under Section 220 of the Cr.P.C. alleging that the offences are in seriatum with respect to the same cause of action.

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I have heard learned counsel for the parties, in the opinion of the Court, whatever might be the defence of the applicants, it is for the applicants to approach the concerned court while filing an appropriate proceedings/recall application bringing on record their problems and difficulties and this Court has no reasons to disbelieve that the same shall be appropriately dealt with in

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accordance with the four corners of law.

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Accordingly, the application stands disposed of requiring the applicants to submit an application/proceedings by 25.02.2025 before the court of Chief Judicial Magistrate and the court below on the submission of the said application, shall decide the same by 20.03.2025 .

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Till the disposal of the recall application, no coercive actions shall be taken against the applicants in pursuance of Criminal Case No. 2375 of 2010 (State Vs. Kaushlendra Yadav and others) arising out of Case Crime No.933 of 2009, under Sections 406, 411 IPC, Police Station- Civil Line, District- Rampur pending in the court of Chief Judicial Magistrate, Rampur.

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Needless to point out that the interim protection as accorded to the applicants shall be available to them subject to compliance of the timeline and in case of any default of any conditions, the interim protection shall stand vacated without reference to this Bench.

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Order Date :- 6.2.2025

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K.K.Tiwari

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Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad

Kaushlendra Yadav and Another v. State of U.P. and Another

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