AMIT NEHRA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/4737/2025 · 2025-08-05
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19128 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19128 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:132811 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 4737 of 2025 Applicant :- Amit Nehra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Kanojia Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard Sri Rajesh Kumar Kanojia, learned counsel for the applicants, learned A.G.A. representing State-respondent 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 criminal proceeding Crl. Case No. 5708 of 2021, State vs. Amit Nehra & others, relating to Case Crime No. 419 of 2020, under Section 379, 411, 420, 120-B IPC, Police Station Kutubsher, District Saharanpur, pending in the Court of Ld. CJM Saharanpur including the charge-sheet dated 1.6.2021 and cognizance order dated 16.07.2021. 3. As per FIR case, the applicant No. 1 has lodged an FIR for theft of his Honda Car. After due investigation, the Investigating Officer has found that the applicant No. 1 himself was involved in the theft of his own vehicle along with his relatives (applicants No. 2 and 3). It is submitted that initially the applicant No. 1 was enlarged on bail, however, subsequently, he could appear before the court below which led issuance of bailable warrant against him. It is next submitted that, till date, the applicant No. 2 has not applied for bail. It is further submitted that the applicant No. 3 has been granted anticipatory bail by this Court until the submission of the charge sheet. 4. 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. 5. Learned AGA has no objection if interim protection is
granted to the present applicants to enable them to appear before the court below. 6.
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. 7. 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. 8. As such, instant application is finally disposed of. Order Date :- 6.8.2025 vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad