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2025 DAILYLAW 13851 (ALL)

CHHEDILAL MAURYA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/3402/2025 · 2025-02-12

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20261 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3402 of 2025 Applicant :- Chhedilal Maurya And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vimalendra Kumar Upadhyay Counsel for Opposite Party :- G.A.,Manoj Kumar Dwivedi Hon'ble Vikas Budhwar,J. 1. Heard Sri Vimalendra Kumar Upadhyay, learned counsel for the applicants, who are three in number, Sri Moti Lal, learned A.G.A. and Sri Manoj Kumar Dwivedi, learned counsel for O.P. No. 2. 2. This is an application U/s 482 CrPC has been preferred by the applicants for quashing of the entire proceedings in Sessions Trial No. 698 of 2010 (State Vs. Chhedilal Maurya and others), arising out of Case Crime No.241 of 2008, under Sections 323, 325, 504, 506 IPC and 3(1)(X) of SC/ST Act, P.S. Rohaniya, District- Varanasi as well as cognizance order dated 15.10.2008 and summoning order dated 05.11.2008, pending in the Court of Special Judge, SC/ST Act, Varanasi. 3. Learned counsel for the applicant has invited the attention of the Court towards Annexure-7 at page 45 of the paper-book, reference whereof has been made in paragraph-16 of the affidavit, so as to contend that though the FIR stood lodged, but thereafter parties have entered into the compromise on 30.07.2024, which was filed before the court below on 26.11.2024. Learned counsel for the applicants submits that till the verification is done, interim protection be accorded to them. 4. Learned A.G.A. as well as counsel for O.P. No. 2 have no objection to the same. 5. Considering the submissions of the parties, the application stands disposed of directing the applicants to appear before the court below along with the self-attested copy of the application under Section 482 CrPC, 1973 and the certified copy of the order on 10.03.2025, and on the receipt of the same, the court shall undertake the process of verification and conclude the verification process by 23.05.2025. 6. Till the verification proceeding is done, no coercive action shall be taken against the applicants in Sessions Trial No. 698 of 2010 (State Vs. Chhedilal Maurya and others), arising out of Case Crime No.241 of 2008, under Sections 323, 325, 504, 506 IPC and 3(1)(X) of SC/ST Act, P.S. Rohaniya, District- Varanasi. 7. In case of default, interim protection accorded to the applicant shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicant will be free to approach this Court again. Order Date :- 13.2.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad