MOHD RAZA AND 8 OTHERS v. State of U.P. AND ANOTHER
A482/35090/2024 · 2025-05-16
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 102038 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 102038 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:82642 Court No. - 74 Case :- APPLICATION U/S 482 No. - 35090 of 2024 Applicant :- Mohd Raza And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Chandra Pant, Zafeer Ahmad,Bhavya Sahai,Ramendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 30.09.2021 along with cognizance order dated 13.10.2023 passed by learned Additional Chief Judicial Magistrate, Court No.3, Moradabad and the entire proceedings arising out of Case Crime No.0135 of 2021, under sections 147, 148, 149, 188, 323, 336, 307, 332, 353 I.P.C. and section 7 of Criminal Law Amendment Act, P.S. Mainather, District- Moradabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No.3, Moradabad.
3. At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicants surrender before it and apply for bail, their bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which
learned counsel for opposite parties have no objection.
4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their bail applications 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 :- 17.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad