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2025 DAILYLAW 112656 (ALL)

KAMLESH @ MATARU AND ANOTHER v. STATE OF UP AND ANOTHER

A482/44105/2024 · 2025-08-18

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141599 Court No. - 77 Case :- APPLICATION U/S 482 No. - 44105 of 2024 Applicant :- Kamlesh @ Mataru And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Singh,Saurabh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 13.12.2023, summoning/cognizance order dated 22.07.2024 including the entire proceedings of Case No. 9458 of 2024 (State vs. Kamlesh @ Mataru and another) arising out of Case Crime No. 0269 of 2023, under section 3 of Prevention of Public Property (Damages) Act, 1984 and sections 4/10 of U.P. Protection of Trees in Rural and Hill Areas Act, 1976, Police Station-Shamshabad, District-Fatehgarh pending in the court of learned Chief Judicial Magistrate, Farrukhabad 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 three weeks 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 three weeks from today, no coercive action shall be taken against the applicants herein. Order Date :- 19.8.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad