Suresh Alias Suresh Chand vs State of U.P. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 51003 of 2025

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Suresh Alias Suresh Chand

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.....Applicant(s)

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Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Prayogendra Pal Singh, Ranjana Gaur Counsel for Opposite Party(s) : G.A.

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Court No. - 77

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HON'BLE PRAVEEN KUMAR GIRI, J.

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Learned counsel for the applicant submits that he has filed the instant application under Section 528 BNSS with the relief which has been mentioned in the prayer clause of the application.

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The relief which has been mentioned in the application is delineated below:-

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"It is, therefore, Most Respectfully, prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Criminal Case No. 955 of 2012 Case Crime No. 125 of 2002 under section 279/304A IPC (State Vs. Suresh Chand) as well as N.B.W Dated 20.11.2017 and Proceeding 82 & 83 Cr.P.C. dated 13.08.2025 onward pending in the court of ACJM Court no.2 Meerut.

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It is further prayed that this Hon'ble may be pleased to stay the further proceeding of the Criminal Case No. 955 of 2012 Case Crime No. 125 of 2002 under section 279/304A IPC (State Vs. Suresh Chand) as well as N.B.W Dated 20.11.2017 and Proceeding 82 & 83 Cr.P.C. dated 13.08.2025 onward pending in the court of ACJM Court no.2 Meerut, otherwise the applicant shall suffer irreparable loss and injury.

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And/or pass such other and further suitable order, which this Hon'ble Court may deem fit are and proper in the circumstances of the case, otherwise, the Applicants loss and injury. shall suffer irreparable"

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Learned counsel for the applicant submits that vide judgment and

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NA528 No. 51003 of 2025

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order dated 14.09.1982, the applicant was convicted by the Court of Ist Additional Sessions Judge, Ghaziabad in Sessions Trial No.77 of 1981 arising out of Case Crime No.33 of 1981 under Section 302, 303 IPC, P.S. Bahadurgarh, District-Ghaziabad wherein he was directed to undergo life imprisonment and consequently, he was taken into custody. Learned counsel for the applicant further submits that the applicant preferred an appeal before this Court being Criminal Appeal No.2276 of 1982 and during pendency of that appeal, he was granted bail and ultimately, vide order dated 05.04.2010, the appeal was dismissed and judgment and order dated 14.09.1982 was affirmed and it was mentioned therein that the appellant/applicant was on bail, so he would be taken into custody.

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Learned counsel for the applicant further submits that another FIR was lodged against the applicant as Case Crime No.125 of 2002 under Section 279, 304 A IPC, P.S.T.P. Nagar, District-Meerut and subsequently, the applicant was again convicted vide judgment and order dated 30.01.2016 passed by A.C.J.M. Court no.8, Meerut in Criminal Case No.955 of 2012 arising out of Case Crime No.125 of 2002, under Section 279, 304 A IPC, P.S.T.P. Nagar, Meerut against which he has preferred Criminal Appeal No.38 of 2016 and the appellate court i.e. Additional Sessions Judge, Court No.16, Meerut vide judgment and order dated 05.10.2017 has confirmed the judgment and order dated 30.01.2016 of conviction of the appellant/applicant and directed for taking him into custody. Learned counsel for the applicant submits that the applicant has already undergone two years of imprisonment as awarded by judgment and order dated 30.01.2016. He further submits that the applicant has been released from jail on 23.04.2025 on Form A by Central Jail, Agra in S.T. No.77 of 1981 under section 307/34 and 302/34 IPC, P.S. Bahadurgarh, District-Ghaziabad after serving out 16 years 09 months and 12 days of imprisonment. He further submits that order of NBW, process of 82 and 82 Cr.P.C. cannot be issued against him in connection with Case Crime No.125 of 2002 under Section 279, 304 A IPC, P.S.T.P. Nagar, District-Meerut as he has already undergone the sentence as awarded by judgment and order dated 30.01.2016.

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After perusal of the entire record it is not clear as to whether the applicant has served out the sentence awarded vide judgment and order

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NA528 No. 51003 of 2025

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dated 30.01.2016 passed in Criminal Case No.955 of 2012 arising out of Case Crime No.125 of 2002, under Section 279, 304 A IPC, P.S.T.P. Nagar, Meerut.

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In view of aforesaid facts, the Jail Superintendent of Central Jail, Agra, the Jail Superintendent, District Jail, Bulandshahr and Jail Superintendent of District Jail, Meerut are directed to submit a detailed custody report, on or before the next date fixed in the matter, in respect of the applicant Suresh @ Suresh Chand s/o Dharm Singh r/o Bugrasi, P.S. Narsaina, District-Bulandshar, who was convicted in the following cases :

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(i) Sessions Trial No.77 of 1981 arising out of Case Crime No.33 of 1981 under Section 302, 303 IPC, P.S. Bahadurgarh, District-Ghaziabad

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(ii) Criminal Case No.955 of 2012 arising out of Case Crime No.125 of 2002, under Section 279, 304 A IPC, P.S.T.P. Nagar, Meerut

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The Jail Authorities in their respective reports shall mention the cases and sections including the dates on which the applicant was taken into custody, so that this Court may ascertain whether the applicant has served out the sentence awarded vide judgment and order dated 30.01.2016 passed in Criminal Case No.955 of 2012 arising out of Case Crime No.125 of 2002, under Section 279, 304 A IPC, P.S.T.P. Nagar, Meerut.

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The Additional Chief Judicial Magistrate, Court no.8, Meerut is directed to submit report, on or before next date fixed in the matter, as to whether the applicant has served out the entire punishment awarded vide judgment and order dated 30.01.2016 passed in Criminal Case No.955 of 2012 arising out of Case Crime No.125 of 2002, under Section 279, 304 A IPC, P.S.T.P. Nagar, Meerut.

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