SUSHIL THAKUR @ SHUSHIL KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/5308/2025 · 2025-02-27
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18780 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18780 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:28697 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 5308 of 2025 Applicant :- Sushil Thakur @ Shushil Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Sanjay Kumar Dwivedi, learned counsel for the applicants who are four in number and Sri V.S. Kushwaha, learned A.G.A. for the State. 2. In view of the order, which is being proposed to be passed today, notices are not being issued to the opposite party No. 2. 3. The applicants herein has filed the present application U/S 528 BNSS for quashing of the entire criminal proceeding against the applicant arising out of S.S.T. No. 3237 of 2023, relating to case crime no.416 of 2023, under Sections 504, 506 IPC and 3(2)5 SC/ST Act, District Ghaziabad pending in the court of learned Special Judge SC/ST / Additional District and Session Judge, Ghaziabad as well as quash the NBW order dated 16.10.2024. 3. Learned counsel for the applicants submits that though a first information report stood lodged under sections 504 and 506 IPC read with Section 3(2)5 of the SC/ST Act on 16.10.2024 being FIR No. 0146 of of 2023 , however, post summoning, the applicants, for the reasons beyond his control, could not appear on 18.11.2024 and non-bailable warrants have been issued. Learned counsel for the applicants submits that the applicants be granted interim protection and they will surrender before the court below and the
bail be considered. 4. Learned AGA on the other hand submits that he has 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 requring the applicants to appear the court of learned Special Judge SC/ST / Additional District and Session Judge, Ghaziabad by 20.03.2025 and surrender himself and thereafter his bail application shall be considered by 15.04.2025. 6. Till the application is decided i.e. 15.04.2025, no coercive action shall be taken against the applicants in pursuance of proceedings in S.S.T. No. 3237 of 2023, relating to case crime no.416 of 2023, under Sections 504, 506 IPC and 3(2)5 SC/ST Act, District Ghaziabad pending in the court of learned Special Judge SC/ST / Additional District and Session Judge, Ghaziabad. 7.
The interim protection shall be only available, if the applicants stick to the time line and do not violate any condition of order. Order Date :- 28.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad