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2025 DAILYLAW 112558 (ALL)

BRIJESH SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/44016/2024 · 2025-04-06

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50037 Court No. - 74 Case :- APPLICATION U/S 482 No. - 44016 of 2024 Applicant :- Brijesh Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Pravesh Yadav,Shashank Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants and learned AGA. 2. The present application has been preferred for seeking quashing of the cognizance/summoning order dated 30.09.2023 passed by learned Chief Judicial Magistrate, Ballia on chargesheet dated 27.03.2023 bearing Chargesheet No.A67 of 2023 submitted in Case No.9551 of 2023 (State Vs. Yuvraj Singh and others), arising out of Case Crime No.0324 of 2022, under Sections 143, 147, 149, 341, 188, 323, 352, 504, 506 IPC and Section 7 of Criminal Law Amendment Act, P.S. Nagra, District Ballia as well as entire proceedings of the said case, pending in the court of learned Chief Judicial Magistrate, Ballia. 3. After arguing at some length, learned counsel for applicants 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 application 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 AGA has no objection. 4. In view of the aforesaid, the instant application 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 30 days from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. 5. However, it is made clear that till 30 days from today, no coercive action shall be taken against the applicants herein in the present case. Order Date :- 7.4.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad