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2025 DAILYLAW 108323 (ALL)

SMT. GAYATRI DEVI v. STATE OF U.P . AND ANOTHER

NA528/40217/2024 · 2025-01-09

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:5805 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 40217 of 2024 Applicant :- Smt. Gayatri Devi Opposite Party :- State Of U.P . And Another Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the N.B.W. dated 24.09.2024 and 30.09.2024 passed in Case No. 0136 of 199 (State Vs. Ramdev and Another) under Sections 323, 324, 504 I.P.C. Police Station- Hathras Junction, District- Hathras pending in the court of Judicial Magistrate, District- Hathras arising out of Case Crime No. 14 of 1994. 3. It is submitted that previously applicant was enlarged on bail, however, at subsequent stage, she could not appear before the court below for want of proper knowledge which led to issuance of non-bailable warrant against her. It is submitted that present applicant is ready and willing to appear before the court below to cooperate in the trial. She has never intended to avoid the court proceedings, as such, some interim protection may be granted so that she may appear before the court below and participate in the court proceedings. 4. Learned A.G.A. has no objection in case protection is granted to the present applicant to enable her to appear before the court below to participate in the court proceedings. 5. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the application, with a direction that in case present applicant appears/surrenders and move bail application before the court below within a period of three weeks from today, same shall be considered and decided 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 aforesaid criminal case. 7. As per observation made above, instant application is disposed of. Order Date :- 10.1.2025 Sumit K. Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad