Jitendra Mishra v. State of U.P. Thru. Addl. Chief Secy. Home Prin. Secy. Home Lko. and Another

Allahabad HC2 Feb 2026A482/5027/2024

Case brief

AI extract

What is this about?

The applicant sought concurrent running of sentences in four criminal cases and release from jail. Counsel for the opposite party noted that appeals were pending against two of the judgments. The applicant subsequently sought to withdraw the application with liberty to pursue other legal remedies, which was granted.

What the court decided

AI extract

Jitendra Mishra vs State of U.P. Thru. Addl. Chief Secy… — Bail and Remand | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 5027 of 2024

Jitendra Mishra

.....Applicant(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Home Prin. Secy. Home Lko. And Another .....Opposite Party(s)

¶7

Counsel for Applicant(s) : Anuj Mishra, Harpreet Singh Counsel for Opposite Party(s) : G.A., Ajai Kumar, Vivek Kumar Rai

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Court No. - 16

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HON'BLE BRIJ RAJ SINGH, J.

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Heard Shri Harpreet Singh, learned counsel for the applicant, learned AGA and Shri Vivek Kumar Rai, learned counsel for opposite party no.2.

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The present application has been filed seeking following main relief:-

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"this Hon'ble Court may graciously direct to run all the sentences concurrently passed against the applicant in four different cases by the learned Additional Court No. 6, Lucknow in complaint cases no. 2587 of 2015 passed on 23.10.2019 titled as Vinode Kumar Rai Vs. Jitendra Mishra, Case No. 1907 of 2015 passed on 23.10.2019 titled as Vinode Kumar Rai Vs. Jitendra Mishra, Case No. 2936 of 2015 passed on 29.01.2020 titled as Vinode Kumar Rai Vs. Jitendra Mishra and Case No. 2232 of 2015 passed on 29.01.2020 similarly titled as Vinode Kumar Rai Vs. Jitendra Mishra and may kindly direct the jail authorities to release the applicant from Jail."

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Shri Vivek Kumar Rai, learned counsel for opposite party no.2 has submitted that Appeal No.357 of 2019 (Jitendra Mishra Vs. State of U.P. and Another) and Appeal No.358 of 2019 (Jitendra Mishra Vs. State of U.P. and Another) have been filed by the applicant against the judgment dated 23.10.2019, however, he has not filed any appeal against other two judgments dated 29.01.2020.

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A482 No. 5027 of 2024

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He has further submitted that once the appeals are pending before the appellate Court, the petition under Section 482 CrPC cannot be entertained particularly the prayer is also not made to the effect that orders passed by the Court below are liable to be quashed.

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On being confronted with aforesaid submission, learned counsel for the applicant has submitted that he wants to withdraw the present application with liberty to challenge the order(s) dated 29.01.2020 before the appellate Court. He may be permitted to withdraw the application to seek legal remedies available under the law.

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The prayer sought has not been opposed by the side-opposite.

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The application is rejected as not pressed.

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However, it is made clear that the applicant may avail the legal remedy as available under the law.

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(Brij Raj Singh,J.)

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February 9, 2026 Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Jitendra Mishra v. State of U.P. Thru. Addl. Chief Secy. Home Prin. Secy. Home Lko. and Another

Case brief

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Jitendra Mishra v. State of U.P. Thru. Addl. Chief Secy. Home Prin. Secy. Home Lko. and Another

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