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2025 DAILYLAW 109653 (ALL)

SMT. NAAZ AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/42526/2024 · 2025-01-07

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:3483 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 42526 of 2024 Applicant :- Smt. Naaz And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abrar Ahmad,Mohd. Washi Uddin Faridi Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Learned A.G.A. has filed compliance affidavit today in the Court, which is taken on record. Office is directed to proceed accordingly. As per compliance affidavit, notice is personally served upon opposite party No. 2, however, no one has put in appearance on his behalf. 2. Heard learned counsel for the applicants as well as learned A.G.A. and perused the record. 3. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the entire proceedings in S.S No.617 of 2024 (State vs. Raju @ Suhail Hasmi and Others) arising out of Case Crime No.56 of 2024 under Sections 504, 506, 406 I.P.C. and 3(1)(da) (dha) S.C./S.T. Act, P.S. Cantt., District Gorakhpur. 4. After due deliberations 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. 5. Learned A.G.A. has no objection if protection is granted to the present applicants to enable them to appear before the court below. 6. In this conspectus, as above, no useful purpose would be served to keep the instant application pending, therefore, the same is being decided finally 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 Hon'ble Supreme Court in accordance with law, expeditious, preferably within a period of three weeks thereafter. 7. 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 applicants. 8. With the aforesaid observation/direction, instant application is finally disposed of. Order Date :- 8.1.2025 VR Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad