SARIPHUN NISHA AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/32938/2024 · 2025-07-10
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 100744 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100744 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:111568 Court No. - 77 Case :- APPLICATION U/S 482 No. - 32938 of 2024 Applicant :- Sariphun Nisha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Majahar Ali Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. This application under section 482 Cr.P.C. has been preferred for quashing the entire proceedings of Case No.88009 of 2023 (State vs. Mohammad Rafique and Others) arising out of Case Crime No.339 of 2021, under sections 2/3 of Prevention of Damage to Public Property Act, 1984, P.S. Phoolpur, District- Varanasi, including order dated 03.07.2024 passed by learned Judicial Magistrate, Court No.2, Varanasi in above-mentioned case, through which discharge application preferred at the behest of applicants has been rejected.
3. At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merit and confined his prayer only to the extent that the present applicants may be extended some time to appear before learned court concerned and avail whatever remedy is available at law for them, over which
learned counsel for opposite parties have no objection.
4. In view of the aforesaid, the instant application under section 482 Cr.P.C. is finally disposed of with a direction to the court concerned that in case, the applicants appear before learned court concerned within a period of three weeks from today and avail whatever remedy is available at law for them, the same shall be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicants herein.
Order Date :- 11.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad