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2025 DAILYLAW 18224 (ALL)

MUBEEN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A482/11543/2023 · 2025-07-24

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123232 Court No. - 73 Case :- APPLICATION U/S 482 No. - 11543 of 2023 Applicant :- Mubeen And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anupama Parashar,Satendra Kumar Upadhyay,Sunil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Shri Satendra Kumar Upadhyay, learned counsel for the applicant, learned A.G.A. for the State-respondent and perused the record. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the summoning order dated 06.02.2023 of Case No. 958 of 2022 (State Vs. Mubeen and others) arising out of Case Crime No. 93/2022, under Sections 498-A, 323, 354, 504 IPC and 3/4 D.P. Act, P.S.- Mahila Thana, District- Aligarh, pending before Judicial Magistrate, District- Aligarh. 3. After due deliberations at length, learned counsel for the applicants has submitted that he is not pursuing the instant application on merits. He has further submitted that the present applicants are willing and ready to co-operate with the courts below and participate in the court proceedings provided some interim protection may be granted to them. It is next submitted that the present applicants have never intended to ignore the court proceedings. 4. Learned AGA has no objection if interim protection is granted to the present applicants to enable them to appear before the court below. 5. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction that the present applicants, in case, appear/surrender and move a 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 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 applicants. 7. It is made clear that, in the event, counsel for the parties are abstaining from work, learned court concerned shall decide the bail application after hearing the parties concerned. 8. As such, instant application is finally disposed of. Order Date :- 25.7.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad