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2025 DAILYLAW 11647 (ALL)

RAJEEV KUMAR v. STATE OF U.P. AND ANOTHER

NA528/3005/2025 · 2025-01-30

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14857 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3005 of 2025 Applicant :- Rajeev Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jaideep Pandey Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the records. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 of BNSS for quashing the charge-sheet dated 24.08.2024 as well as the cognizance/summoning order dated 25.10.2024 and the entire proceedings of Special Session Trial No.1029 of 2024, arising out of Case Crime No.336 of 2024 (State of UP v. Rajeev Kumar), under Sections 115(2), 352, 324(4) of BNSS and Sections 3(1)(Da), 3(1)(Dha), 3(2)(5/Va) of SC/ST Act, Police Station- Mundha Pandey, District- Moradabad, pending in the court of learned Additional District and Sessions Judge/Special Judge Court, SC/ST Act, Moradabad. 3. After due deliberation at length, learned counsel for the applicant has chosen not to press the instant application on merits, however, he has submitted that the applicant is ready and willing to cooperate with the court below and participate in the court proceedings provided some interim protection may be granted to him. It is next submitted that the present applicant has never intended to ignore the court proceedings. 4. Learned A.G.A. has no objection if protection is granted to the present applicant to enable him to appear before the court below. 5. In this conspectus, as above, no useful purpose would be served to keep the instant application pending and the same is being decided without entering into the merits of the case with a direction that in case the present applicant appears/surrenders and moves 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 having considered the dictum of the Hon'ble Supreme Court strictly 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 applicant in the aforesaid case. Order Date :- 31.1.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad