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2025 DAILYLAW 104389 (ALL)

MAHESH BABU AND ANOTHER v. State of U.P. AND ANOTHER

A482/34843/2024 · 2025-05-20

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85272 Court No. - 87 Case :- APPLICATION U/S 482 No. - 34843 of 2024 Applicant :- Mahesh Babu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pratap Singh,Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Pratap Singh, learned counsel for the applicants and Sri Jyoti Singh, learned A.G.A. for the State-O.P. No.1. 2. The instant application under Section 482 Cr.P.C. has been filed praying for quashing the NBW dated 07.07.2021 passed by Additional Chief Judicial Magistrate(J.D.), J.M. Court no.26, Etah in Complaint Case No.1631 of 2017 (Sevaram Vs. Mahesh and others) under Section 323, 504, 506 IPC, P.S.Marhra, District-Etah pending in the court of Civil Judge (J.D.), F.T.C. Crime against Women, Etah. 3. After arguing for sometime, the only prayer sought by the counsel for the applicants is that the applicants are willing to obtain bail after surrendering in the court below, and for that a protective direction may be issued to the concerned trial court to consider and decide the proposed bail application of the applicants. 4. Per contra, learned A.G.A. vehemently opposes the present application and submits that since the applicants were not cooperating in the court proceedings, NBW has been issued against the applicants and as such, they deserve no leniency by this Court. 5. Having gone through the rival submissions of the learned counsel for the parties and on perusal of the record, I do not see any illegality, impropriety and incorrectness in the impugned proceedings under challenge, and there is nothing else which may suggest that there is abuse of court's process. There is no good ground to interfere in the impugned proceedings of the above mentioned case, therefore, the prayer for quashing the order of NBW dated 07.07.2021, is refused. 6. However, on the request of learned counsel for the applicants that the applicants want to surrender in the court below and apply for bail, it is directed that in case the applicants surrender within two weeks from today and apply for bail by moving an appropriate bail application, the same shall be considered and decided by the concerned trial court purely on its own merits. 7. With the aforesaid observations, this application is finally disposed of. 8. For a period of two weeks from today or till surrender of the applicants, whichever is earlier, the proceedings of aforesaid case qua the present applicants, shall be kept in abeyance. Order Date :- 21.5.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad