LUCKNOW vs State Of U.P. Thru. Prin. Secy. Home Lko. And

1. Heard Sri Jaikaran, learned counsel for the petitioner and Sri G. D. Bhatt, learned A.G.A. for the State-respondents.

2. This Court had passed the order dated 14.08.2025 which reads as under: "1. Heard Sri Jaikaran, learned counsel for the petitioner and Sri G.D. Bhatt, learned AGA for the State.

2. Learned counsel for the petitioner has filed supplementary affidavit, same is taken on record.

3. By means of this petition the petitioner has assailed the impugned F.I.R. dated 18.7.2006 as Case Crime No. 44 of 2006 u/s 409, 420, 467, 468, 471 IPC, & section 13(1)d of Anti Corruption act, P.S. Kotwali Nagar, District Raebareli. 2 CRLP No. 7153 of 2025

4. Sri Bhatt, learned AGA for the State has produced the copy of instruction letter dated 13.8.2025 provided by the Inspector-In-charge, Kotwali Nagar, Raebareli indicating therein that in the F.I.R. in question the charge-sheet has already been filed on 13.11.2006 and the matter has been transferred from Raebareli to Lucknow on 28.11.2017. The aforesaid case is being adjudicated by Court no. 7 of District Court, Lucknow. The aforesaid letter is taken on record.

5. In the wake of the aforesaid development, prima-facie, it appears that the petitioner has not apprised the correct facts to his counsel. Even otherwise in the wake of aforesaid development nothing remains to be adjudicated in the present case.

6. Accordingly, the writ petition is dismissed as the relief prayed in the writ petition may not be granted. However, it is always open for the petitioner to take appropriate legal recourse before the appropriate court of law. "

3. Learned counsel for the petitioner has shown a certified copy of the questionnaire dated 14.08.2025 wherein one fact has been indicated that no charge sheet has been filed against the petitioner namely Bhagauti Singh son of Devi Bux Singh, in Case Crime No. 440 f /2006, under Sections 409, 420, 467, 468, 471 IPC and Section 13(1) d of Prevention of Corruption Act, Police Station Kotwali Nagar, District Raebareli.

4. Learned A.G.A. has stated that the information was given on the basis of specific instruction from Inspector In-charge, Kotwali Nagar, Raebareli. He prays for and is granted one week's time to file personal affidavit of Inspector In-charge, Police Station Kotwali Nagar, Raebareli who has provided the information to learned A.G.A. intimating the fact that charge sheet has been filed against the petitioner, replying the contents of the application for recall of order dated 14.08.2025.

5. List this case on 28.08.2025.

6. On that date, the Inspector In-charge who has provided the information to the learned A.G.A. shall appear in person along with his personal affidavit.

7. The matter may be taken up after lunch."

3. In compliance of the aforesaid order, Inspector In-charge, Police Station- Kotwali Nagar, District- Raebareli is present in person. He has filed his personal affidavit which is taken on record.

4. The Inspector In-charge has stated that on account of serious ailment of his wife, he could not provide the appropriate information in respect of filing of the charge sheet against the petitioner. Though the charge sheet has been filed against other accused persons but no charge sheet has been filed against the present petitioner for the reason that he is absconding since long time and proclamation under Section 82 CrPC has already been issued.

5. Therefore, in the wake of aforesaid submission and considering the 3 CRLP No. 7153 of 2025 bonafide submission of the Inspector In-charge, the application is allowed.

6. The order dated 14.08.2025 is hereby recalled. CRIMINAL MISC. WRIT PETITION No. - 7153 of 2025 is restored to its original number. (Order on main petition)

7. At the very outset, Sri G. D. Bhatt, learned A.G.A. for the State- respondents has provided a copy of instruction letter dated 28.08.2025 provided by Inspector In-charge, Police Station- Kotwali Nagar, District- Raebareli. He has informed this Court that the petitioner is absconding since long time, therefore, proclamation under Section 82 CrPC has been issued against him. Besides, there is criminal history of three cases against the petitioner which are as follows: (i) Case Crime No. 373 of 1991, under Sections 147, 148, 149, 302 IPC, Police Station- Kotwali Nagar, District- Raebareli. (ii) Case Crime No. 148 of 2010, under Sections 498-A, 323 IPC & Section 3/4 D. P. Act, Police Station- Maharajganj, District- Raebareli. (iii) Case Crime No. 440-F of 2006, under Sections 409, 420, 467, 468, 471, 120-B IPC & Section 13(1) D of Prevention of Corruption Act, Police Station- Kotwali Nagar, District- Raebareli.

8. He further stated that the criminal history of the aforesaid three cases has not been explained in the writ petition. The criminal history of the year 1991 is having Section 302 I.P.C. besides other cases.

9. In the wake of aforesaid development, this writ petition is being dismissed for two reasons; firstly, the petitioner has not approached the Court with clean hands concealing his criminal history of three cases; secondly, he is absconding from legal proceedings, therefore, proclamation under Section 82 CrPC has been issued against him.

10. With the aforesaid observations, the writ petition is dismissed. (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) August 28, 2025 (Manoj K.) MANOJ KUMAR MANOJ KUMAR MANOJ KUMAR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench

1. Heard Sri Jaikaran, learned counsel for the petitioner and Sri G. D. Bhatt, learned A.G.A. for the State-respondents.

2. This Court had passed the order dated 14.08.2025 which reads as under: "1. Heard Sri Jaikaran, learned counsel for the petitioner and Sri G.D. Bhatt, learned AGA for the State.

2. Learned counsel for the petitioner has filed supplementary affidavit, same is taken on record.

3. By means of this petition the petitioner has assailed the impugned F.I.R. dated 18.7.2006 as Case Crime No. 44 of 2006 u/s 409, 420, 467, 468, 471 IPC, & section 13(1)d of Anti Corruption act, P.S. Kotwali Nagar, District Raebareli. 2 CRLP No. 7153 of 2025

4. Sri Bhatt, learned AGA for the State has produced the copy of instruction letter dated 13.8.2025 provided by the Inspector-In-charge, Kotwali Nagar, Raebareli indicating therein that in the F.I.R. in question the charge-sheet has already been filed on 13.11.2006 and the matter has been transferred from Raebareli to Lucknow on 28.11.2017. The aforesaid case is being adjudicated by Court no. 7 of District Court, Lucknow. The aforesaid letter is taken on record.

5. In the wake of the aforesaid development, prima-facie, it appears that the petitioner has not apprised the correct facts to his counsel. Even otherwise in the wake of aforesaid development nothing remains to be adjudicated in the present case.

6. Accordingly, the writ petition is dismissed as the relief prayed in the writ petition may not be granted. However, it is always open for the petitioner to take appropriate legal recourse before the appropriate court of law. "

3. Learned counsel for the petitioner has shown a certified copy of the questionnaire dated 14.08.2025 wherein one fact has been indicated that no charge sheet has been filed against the petitioner namely Bhagauti Singh son of Devi Bux Singh, in Case Crime No. 440 f /2006, under Sections 409, 420, 467, 468, 471 IPC and Section 13(1) d of Prevention of Corruption Act, Police Station Kotwali Nagar, District Raebareli.

4. Learned A.G.A. has stated that the information was given on the basis of specific instruction from Inspector In-charge, Kotwali Nagar, Raebareli. He prays for and is granted one week's time to file personal affidavit of Inspector In-charge, Police Station Kotwali Nagar, Raebareli who has provided the information to learned A.G.A. intimating the fact that charge sheet has been filed against the petitioner, replying the contents of the application for recall of order dated 14.08.2025.

5. List this case on 28.08.2025.

6. On that date, the Inspector In-charge who has provided the information to the learned A.G.A. shall appear in person along with his personal affidavit.

7. The matter may be taken up after lunch."

3. In compliance of the aforesaid order, Inspector In-charge, Police Station- Kotwali Nagar, District- Raebareli is present in person. He has filed his personal affidavit which is taken on record.

4. The Inspector In-charge has stated that on account of serious ailment of his wife, he could not provide the appropriate information in respect of filing of the charge sheet against the petitioner. Though the charge sheet has been filed against other accused persons but no charge sheet has been filed against the present petitioner for the reason that he is absconding since long time and proclamation under Section 82 CrPC has already been issued.

5. Therefore, in the wake of aforesaid submission and considering the 3 CRLP No. 7153 of 2025 bonafide submission of the Inspector In-charge, the application is allowed.

6. The order dated 14.08.2025 is hereby recalled. CRIMINAL MISC. WRIT PETITION No. - 7153 of 2025 is restored to its original number. (Order on main petition)

7. At the very outset, Sri G. D. Bhatt, learned A.G.A. for the State- respondents has provided a copy of instruction letter dated 28.08.2025 provided by Inspector In-charge, Police Station- Kotwali Nagar, District- Raebareli. He has informed this Court that the petitioner is absconding since long time, therefore, proclamation under Section 82 CrPC has been issued against him. Besides, there is criminal history of three cases against the petitioner which are as follows: (i) Case Crime No. 373 of 1991, under Sections 147, 148, 149, 302 IPC, Police Station- Kotwali Nagar, District- Raebareli. (ii) Case Crime No. 148 of 2010, under Sections 498-A, 323 IPC & Section 3/4 D. P. Act, Police Station- Maharajganj, District- Raebareli. (iii) Case Crime No. 440-F of 2006, under Sections 409, 420, 467, 468, 471, 120-B IPC & Section 13(1) D of Prevention of Corruption Act, Police Station- Kotwali Nagar, District- Raebareli.

8. He further stated that the criminal history of the aforesaid three cases has not been explained in the writ petition. The criminal history of the year 1991 is having Section 302 I.P.C. besides other cases.

9. In the wake of aforesaid development, this writ petition is being dismissed for two reasons; firstly, the petitioner has not approached the Court with clean hands concealing his criminal history of three cases; secondly, he is absconding from legal proceedings, therefore, proclamation under Section 82 CrPC has been issued against him.

10. With the aforesaid observations, the writ petition is dismissed. (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) August 28, 2025 (Manoj K.) MANOJ KUMAR MANOJ KUMAR MANOJ KUMAR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench Lucknow Bench