AHMAD RAZA KHAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/43251/2024 · 2025-01-20
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110475 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110475 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:9974
Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 43251 of 2024 Applicant :- Ahmad Raza Khan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raees Ahamad,Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicants as well as learned A.G.A. appearing for the State and perused the records. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 of BNSS for quashing the charge-sheet dated 09.03.2024 as well as cognizance/summoning order dated 30.05.2024 and the entire proceedings of Case No.6062 of 2024 (State v. Maulana Badre Alam), arising out of Case Crime No.0285 of 2023, under Sections 504, 506, 342, 308 of IPC, Police Station- Nizamabad, District- Azamgarh, pending in the court of learned Additional Chief Judicial Magistrate No.10, Azamgarh. 3. After due deliberation 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. 4. Learned A.G.A. has no objection if protection is granted to the present applicants to enable them 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 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 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 applicants in the aforesaid case.
Order Date :- 21.1.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad