Shanti Babu Sharma Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Shanti Babu Sharma Vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of; proceedings not quashed. Direction issued that if the applicant surrenders before the trial court within two weeks and applies for bail, the bail application shall be considered and decided expeditiously in accordance with law.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 1374 of 2007 under Sections 406, 420, 467, 468, 471 IPC, including the order dated 28.01.2025 issuing non-bailable warrants against the applicant, should be quashed. +1 more

Court's answer

Instead of quashing the proceedings, the Court directed that in case the applicant surrenders before the trial court concerned within a period of two weeks and applies for bail, his bail application shall be considered and decided expeditiously in accordance with law by the court concerned.

Ratio / Principle

The application u/s 528 B.N.S.S. was disposed of with the aforesaid observations.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Raj Beer Singh, J.; Order dated 19.3.2025): Application under Section 528 B.N.S.S. (No. 8891 of 2025) by Shanti Babu Sharma seeking quashing of the entire proceedings of Complaint Case No. 1374 of 2007 (Laturi Singh Vs. Branch Manager, Gram Vikas Bank Limited and another) (New Case No.1368 of 2014), under Sections 406, 420, 467, 468, 471 IPC, P.S.- Soro, District- Kasganj (Etah), pending before the Chief Judicial Magistrate, Kasganj, including the impugned order dated 28.01.2025 by which non-bailable warrants were issued against the applicant. Record showed an earlier Section 482 Cr.P.C. application (No. 462 of 2010) in which liberty was given on 11.01.2010 to file a discharge application, which was filed and rejected vide order dated 14.09.2010. Counsel for the applicant submitted that the applicant had no knowledge of the case as he was transferred to another district, and that he was willing to appear, requesting interim protection. The Court disposed of the application, directing that if the applicant surrendered before the trial court within two weeks and applied for bail, the bail application would be considered and decided expeditiously in accordance with law.

Neutral Citation No. - 2025:AHC:39566

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 8891 of 2025

Applicant :- Shanti Babu Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Anita Mishra,Swadesh Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This application u/s 528 B.N.S.S. has been filed with the prayer to quash the entire proceedings, including order dated 28.01.2025, of Complaint Case No. 1374 of 2007 (Laturi Singh Vs. Branch Manager, Gram Vikas Bank Limited and another) (New Case No.1368 of 2014), under Sections 406, 420, 467, 468, 471 IPC, P.S.- Soro, District- Kasganj (Etah), pending in the court of Chief Judicial Magistrate, Kasganj.

Perusal of record shows that earlier the applicant has filed application under Section 482 Cr.P.C. No.462 of 2010, wherein by order dated 11.01.2010 applicant was given liberty to file discharge application before the trial Court concerned. It appears that in pursuance to that order, discharge application was filed on behalf of applicant, which has been rejected by the court concerned vide order dated 14.09.2010. By impugned order dated 28.01.2025 non-bailable warrants have been issued against applicant. The complete order-sheet of the court has not been brought on record.

It was submitted by learned counsel for the applicant that after

filing of discharge application, applicant has no knowledge of the said case as he was transferred to another district and thus he could not appear before the trial Court concerned. It is further submitted that applicant is willing to appear before the trial Court concerned and till then protection may be granted to the applicant.

In view of aforesaid, it is directed that in case applicant surrenders before the trial court concerned within a period of two weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with law by the court concerned.

The application u/s 528 B.N.S.S. is disposed of with aforesaid observations.

Order Date :- 19.3.2025 'SP'/-

Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad