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Neutral Citation No. - 2025:AHC:5956 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 38052 of 2024 Applicant :- Akram And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rizwan Ahmad Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicants as well as learned A.G.A. appearing for the State and perused the records.
2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the charge-sheet dated 26.12.2023 along with impugned cognizance order dated 18.09.2024 as well as the entire criminal proceedings of Criminal Case No.3944 of 2024 (State v. Akram and others), arising out of Case Crime No.260 of 2023, under Sections 323, 504, 506, 452, 308 of IPC, Police Station- Hajratnagar Garhi, District- Sambhal, pending in the court of learned Additional Chief Judicial Magistrate, Chandausi, Sambhal.
3. After due deliberation at length, learned counsel for the applicants has chosen not to press the instant application on merits, however, he has submitted that the applicants are ready and willing to cooperate with the court below and participate in the court proceedings provided some interim protection may be granted to them. It is next submitted that the present applicants have never intended to ignore the court proceedings.
4. Learned A.G.A. has no objection if protection is granted to the present applicants to enable them to appear before the court below.
5. In this conspectus, as above, no useful purpose would be served to keep the instant application pending and the same is being decided without entering into the merits of the case with a direction that in case the present applicants appear/surrender and move bail application before the court below within a period of three weeks from today along with a certified copy of this order, the same shall be considered and decided by the court concerned having considered the dictum of the Hon'ble Supreme Court strictly in accordance with law, expeditiously, preferably within a period of three weeks, thereafter.
6. For a period of six weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicant in the aforesaid case. Order Date :- 10.1.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad