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2025 DAILYLAW 111758 (ALL)

KAMTA PRASAD TIWARI AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/43453/2024 · 2025-01-21

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10971 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 43453 of 2024 Applicant :- Kamta Prasad Tiwari And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Padmaker Pandey,Rakesh Kumar Shukla 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. to quash the entire proceeding of Case No.113844 of 2024 (State of U.P. Vs. Kamta Prasad Tiwari and others), arising out of Case Crime No.292 of 2024, under Sections 191(2), 191(3), 115(2), 352, 351(2) and 79 B.N.S.S., Police Station Panki, District Kanpur Nagar, pending in the court of Special C.J.M., Kanpur Nagar. 3. After due deliberation at length, learned counsel for the applicants has submitted that they are 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 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 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 the light of the dictum of Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 Supreme Court Cases 773 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 :- 22.1.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad