KALLU @ PRAMOD AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/43667/2024 · 2025-01-22
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188094 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188094 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:12932 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 43667 of 2024 Applicant :- Kallu @ Pramod And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- Abhishek Kumar,Adesh Kumar,G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicants, learned counsel for Opposite Party No. 2 as well as learned A.G.A. representing State-opposite party No. 1 and perused the record on Board. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the entire proceeding of Criminal Case No. 12883 of 2024 (State vs. Brahm Pal and Others) arising out of Case Crime No.114 of 2024, under Sections-191(2), 191(3), 190, 115(2), 118(1), 351(3), 109, 131 of Bharatiya Nyaya Sanhita, Police Station- Babari, District-Shamli, pending before the Court of learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Kairana, Shamli. 3. After due deliberation 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 as well as learned counsel for the contesting- opposite party No. 2 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 :- 23.1.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad