MONTY SHARMA @ MAYANK SHARMA v. STATE OF U.P. AND ANOTHER
NA528/41264/2024 · 2025-01-09
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108765 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108765 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:6012 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 41264 of 2024 Applicant :- Monty Sharma @ Mayank Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Sharma,Sandeep Singh,Vinay Sharma Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the records. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 of BNSS for quashing the Charge-Sheet dated 15.05.2015, cognizance/summoning order dated 29.10.2015, non- bailable warrant as well as proclamation order dated 01.07.2024 under Section 82 of CrPC and the entire proceedings of Criminal Case No.631 of 2021 (State v. Monty and others), arising out of Case Crime no.391 of 2015, under Section 174-A of IPC, P.S.- Hapur Nagar, District- Hapur, pending in the court of learned Civil Judge (J.D.), Fast Track Court-II/Judicial Magistrate, Hapur. 3. After due deliberation at length, learned counsel for the applicant has chosen not to press the instant application on merits, however, he has submitted that the applicant is ready and willing to cooperate with the court below and participate in the court proceedings provided some interim protection may be granted to him. It is next submitted that the present applicant has never intended to ignore the court proceedings. 4. Learned A.G.A. has no objection if protection is granted to the present applicant to enable him 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 applicant appears/surrenders and moves 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