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2025 DAILYLAW 13405 (ALL)

MOHD. AYUB KHAN ALIAS AYUB KHAN v. STATE OF U.P. AND ANOTHER

NA528/3313/2025 · 2025-02-10

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19587 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3313 of 2025 Applicant :- Mohd. Ayub Khan Alias Ayub Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A.,Raees Ahmad Hon'ble Vikas Budhwar,J. 1. Heard Shri Amir Khan, learned counsel for the applicants, Sri Indrajeet Yadav, learned AGA for the State-respondent, Sri Saurabh Kumar, (AOR No.A/S 2100/22) holding brief of Sri Raees Ahmad, learned counsel for the opposite party no.2. 2. This application under Section 528 BNSS has been filed by the applicants against the impugned charge sheet dated 14.05.2016 and impugned cognizance/summoning order dated 06.07.2016 passed by the learned Civil Judge (Junior Division)/Judicial Magistrate, Khurja, Bulandshahr in Criminal Case No.621 of 2016 arising out of Case Crime No.0006 of 2016, under Sections-420, 467, 468, 471 I.P.C., Police Station- Pahasu, District-Bulandshahr, pending in the Court of learned Civil Judge (Junior Division)/Judicial Magistrate, Khurja, Bulandshahr. 3. Learned counsel for the applicants submits that though the first information report stood lodged against which however, the parties have themselves compromised out of the Court on 28.11.2024 before the court below copy whereof annexure-6 at page 65 of the paper book relevant assertion has been made in paragraph no. 13 of the application. He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded. 4. Learned AGA as well as counsel for the opposite party no.2 on the other hand submit that they have no objection to the same. 5. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the Court of Civil Judge (Junior Division)/Judicial Magistrate, Khurja, Bulandshahr while filing the compromise application and a self-attested copy of the present application by 28.02.2025. On the receipt of the same, the court below shall furnish the compromise so filed by the parties and shall conclude the process for verification by 18.04.2025. 6. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Criminal Case No.621 of 2016 arising out of Case Crime No.0006 of 2016, under Sections-420, 467, 468, 471 I.P.C., Police Station- Pahasu, District-Bulandshahr. 7. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench. 8. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 11.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad