Mahesh Prasad Kushwaha vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Mahesh Prasad Kushwaha vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of: applicant to appear and move the bail application within six weeks, to be decided expeditiously in accordance with law; orders dated 17.11.2025 and 18.11.2025 to remain in abeyance till then; the Court may proceed against the applicant if he fails to cooperate and participate in the trial.

Issue for consideration

Whether the orders dated 17.11.2025 and 18.11.2025 passed by learned A.C.J.M. Railway, Jhansi (non-bailable warrant and Section 82 Cr.P.C. proceedings) in Case No. 4438 of 2007 should be quashed and the further process kept in abeyance pending disposal of the discharge application and the remanded matter.

Court's answer

If the applicant appears and moves the bail application within six weeks from the date of order, the bail application shall be decided expeditiously in accordance with law.

Ratio / Principle

Till then, orders dated 17.11.2025 and 18.11.2025 shall remain in abeyance.

Key takeaways

In case the applicant does not cooperate and participate in the trial proceeding, the Court can proceed against the applicant.ratio¶¶18
The application under Section 528 BNSS is accordingly disposed of with the aforesaid directions.ratio¶¶19

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Nand Prabha Shukla, J.) — Application u/s 528 BNSS No. 49161 of 2025, Mahesh Prasad Kushwaha v. State of U.P. and Another, disposed of on December 10, 2025. The applicant sought quashal of the orders dated 17.11.2025 and 18.11.2025 passed by learned A.C.J.M. Railway, Jhansi (non-bailable warrant issued and proceedings under Section 82 Cr.P.C. initiated) and that further process in Case No. 4438 of 2007, Santosh Singh Vs. Mahesh Prasad under Section 420/409 IPC, Police Station-GRP Jhansi, be kept in abeyance, the matter having been remanded by the Revisional Court vide order dated 19.08.2025 (yet undecided) and a discharge application pending disposal. Learned counsel undertook that the applicant would appear and cooperate in the trial. The Court directed that if the applicant appears and moves the bail application within six weeks from the date of order, it shall be decided expeditiously in accordance with law; till then the orders dated 17.11.2025 and 18.11.2025 shall remain in abeyance; and if the applicant does not cooperate and participate in the trial proceeding, the Court can proceed against him.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 49161 of 2025

Mahesh Prasad Kushwaha

.....Applicant(s)

	Versus
State of U.P. and Another	.....	Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Kunwar Bahadur Srivastava, Srivastava, Saroj Kumar Tiwari : G.A.	Prakhar

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Sri Tarun Singh, learned counsel has filed his Power on behalf of opposite party No. 2 is taken on record.

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

This application under Section 528 BNSS has been filed to allow this application and quash the impugned order dated 17.11.2025 and 18.11.2025 passed by learned A.C.J.M. Railway, Jhansi and direct the learned trial court, not to take any coercive measure against the applicant till disposal of the discharge application and further the other process issued by learned A.C.J.M. Railway, Jhansi in pursuance to the order dated 17.11.2025 and 18.11.2025 in Case No. 4438 of 2007 Santosh Singh Vs. Mahesh Prasad under Section 420/409 IPC, Police Station-GRP Jhansi may be kept in abeyance.

At the very outset, learned counsel for the applicant submits that the matter has been remanded back by the Revisional Court vide order dated 19.08.2025 which is yet to be decided and in the meantime, order dated 17.11.2025 has been passed issuing the non-bailable warrant as well as initiating the proceedings under Section 82 Cr.P.C. on the same date.

Learned counsel for the applicant gives an undertaking that the applicant shall appear before the Court concerned and cooperate in the trial.

In view of the above, in case, the applicant appears and moves the bail

NA528 No. 49161 of 2025

2

application within six weeks from the date of order, the same shall be decided expeditiously in accordance with law.

Till then, orders dated 17.11.2025 and 18.11.2025 shall remain in abeyance.

It is made clear that in case the applicant does not cooperate and participate in the trial proceeding, the Court can proceed against the applicant.

With the aforesaid direction, the application u/s 528 BNSS is, accordingly disposed of.

December 10, 2025 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad