BHUTTI ALLIAS AMRISH AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
NA528/43175/2024 · 2025-01-09
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111344 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111344 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 43175 of 2024 Applicant :- Bhutti Allias Amrish And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anand Prakash Yadav,Krishna Nand Yadav 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. representing State-opposite party No. 1 and perused the record on Board.
2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the summoning
order dated 10.10.2024 in Criminal Case No. 19005 of 2024 (State Versus Neera and others), arising out of Case Crime 261 of 2024, under Sections 333, 115(2), 352, 351(2), 117(2), 110 B.N.S., Police Station-Kothibhar, District-Maharajganj.
3. After due deliberation at length, learned counsel for the applicants has submitted that he is not pursuing the instant application on merits. He has further submitted that the present applicants are willing and ready to co-operate with the courts 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 AGA has no objection if interim 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 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 present application, with a direction that the present applicants, in case, appear/surrender and move a 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 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.
7. As such, instant application is finally disposed of.
Order Date :- 10.1.2025 vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad