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2025 DAILYLAW 112444 (ALL)

KAUSHAL VARSHNEY AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/43855/2024 · 2025-04-06

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49559 Court No. - 74 Case :- APPLICATION U/S 482 No. - 43855 of 2024 Applicant :- Kaushal Varshney And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shekhar Gangal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Shekhar Gangal, learned counsel for the applicants and learned AGA for the State. 2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet no. 77/2024 dated 18.02.2024, summoning/cognizance order dated 10.04.2024 passed by learned Additional Chief Judicial Magistrate-I, Aligarh and the entire proceedings of Criminal Case No. 458 of 2024 (State vs. Kaushal Varshney and others) arising out of Case Crime No. 680 of 2023, under section 420 I.P.C. and Section 51, 52(A) of Copyright Act, 1957 as well as Section 103, 104 of Trade Mark Act, 1999, P.S. Sasni Gate, District-Aligarh as well as to stay the further proceedings of abovementioned case. 3. At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicants surrender before it and apply for bail, their bail applications may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for the respondents have no objection. 4. In view of the aforesaid, the instant application under section 482 Cr.P.C. is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of one month from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law. 5. However, it is made clear that till one month from today, no coercive action shall be taken against the applicants herein. Order Date :- 7.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad