Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 10655 (ALL)

BHOLA KANNAUJIYA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/2377/2025 · 2025-02-17

Vikas Budhwar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:22846 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 2377 of 2025 Applicant :- Bhola Kannaujiya And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakash Sharma Counsel for Opposite Party :- Chandra Prakash Misra Hon'ble Vikas Budhwar,J. 1. Supplementary Affidavit filed today is taken on record. 2. Heard Sri Prakash Sharma, learned counsel for the applicants, who are four in number, Sri Indrajeet Yadav, learned A.G.A. and Sri Chandra Prakash Misra, learned counsel for O.P. No. 2. 3. This is an application under Section 528 BNSS for quashing the Charge Sheet dated 29.10.2024 and cognizance/summoning order dated 04.12.2024 as well as the entire proceedings in Case No.56634 of 2024 (State Vs. Bhola Kannaujiya & others) arising out of Case Crime No.544 of 2024, under Sections 115(2), 352, 351(3), 126(2), 324(4) of BNS, Police Station- Khorabar, District- Gorakhpur, pending in the Court of Additional Chief Judicial Magistrate-1st, Gorakhpur. 4. Learned counsel for the applicant submits that during the pendency of the said proceedings, parties have entered into settlement out of the court on 04.11.2024, reference whereof has been made in paragraph-2 and the same is annexed at page-7 of the Supplementary Affidavit. 5. Learned A.G.A. has no objection to the same. 6. Considering the submissions of the parties, it is hereby provided that the applicants shall appear before the court below along with the self-attested copy of the application under Section 482 CrPC, 1973, the certified copy of the order on 28.02.2025 as well as the compromise application, on the receipt of which, the court below shall undertake the process to conclude the verification by 20.05.2025. 7. In view of aforesaid, the application stands disposed of. 8. Till the verification proceeding is completed, further proceedings in Case No.56634 of 2024 (State Vs. Bhola Kannaujiya & others) arising out of Case Crime No.544 of 2024, under Sections 115(2), 352, 351(3), 126(2), 324(4) of BNS, Police Station- Khorabar, District- Gorakhpur, pending in the Court of Additional Chief Judicial Magistrate-1st, Gorakhpur, in so far as it relates to the applicants, shall remain stayed. 9. In case of default, interim protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicants will be free to approach this Court again. Order Date :- 18.2.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad