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2025 DAILYLAW 107965 (ALL)

NANHEY ALIAS IDRISH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/39677/2024 · 2025-07-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119649 Court No. - 77 Case :- APPLICATION U/S 482 No. - 39677 of 2024 Applicant :- Nanhey Alias Idrish And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rama Shanker Mishra 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.26 of 2019 (State vs. Nanhey @ Idrish and Others) arising out of Case Crime No.5180 of 2017, under sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Sadar Bazar, District- Shahjahanpur, pending in the court of learned Additional Session Judge, Court No.5, Shahjahanpur including charge-sheet dated 30.05.2018 and cognizance order dated 26.06.2019. 3. At the very outset, after considering the submissions made by learned counsel for applicant and by bare perusal of record, it transpires that there is deliberate attempt on behalf of applicants not to appear before learned court concerned and as such the prayer made through this application cannot be exceeded. 4. Thereafter, learned counsel for applicant 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. 5. 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. 6. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicants herein. Order Date :- 22.7.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad