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2025 DAILYLAW 18431 (ALL)

YASEEN AND 8 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/4443/2025 · 2025-04-03

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48254 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 4443 of 2025 Applicant :- Yaseen And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Supplementary affidavit filed today is taken on record. Sri Rupendra Kumar Mishra, learned counsel for the applicant and learned A.G.A. for the State are present. The present application u/s 528 of B.N.S.S. has been filed with prayer to quash the order dated 3.6.2024 passed by the Additional Civil Judge (Jr. Division) / Judicial Magistrate-I, Outlying Court, Sambhal in Criminal Case No. 915 of 2021 (State v. Yaseen and others), arising out of Case Crime No. 265 of 2021, under Sections 147, 148, 149, 406, 323, 352, 504 and 506 of IPC, P.S. Hayatnagar, District Sambhal, whereby the applicants and other persons directed to appear before the Court on every date. Learned counsel for the applicants submits that impugned order has been passed after observing that a co-ordinate Bench of this Court directed to conclude the trial of the aforesaid case within two years vide order dated 23.05.2024. It is further submitted that the applicant is earning livelihood in the State of Gujarat and Sambhal and due to this reason, the exemption application could not present for his non-appearance through counsel. In view of the above facts and circumstances, the present application is disposed of finally and modify the order dated 3.6.2024 that applicant can file an exemption application through his counsel for good reason for non-appearance on future date except the date of recording the statement of the applicant under Section 313 of Cr.P.C. It is further submitted that learned counsel for the applicant submits that the applicant does not want to press the prayer of quashing the entire proceedings of the aforesaid case. Hence, the prayer for quashing the aforesaid case is dismissed as not pressed. The application is disposed of. Order Date :- 4.4.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad