Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 22447 (ALL)

MO SHAUKIN AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/9111/2025 · 2025-03-20

Manju Rani Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:41694 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 9111 of 2025 Applicant :- Mo Shaukin And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nazia Ilyas,Sarwar Ali Siddique Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. This application under Section 528 BNSS has been filed by the applicants to quash the impugned orders dated 18.06.2024, 01.10.2024, 05.11.2024, 09.12.2024 and 14.01.2025 passed by learned court below issuing Non-Bailable Warrant against the applicants in Session Trial No.41 of 2020, arising out of Case Crime No.601/2019, under Sections 323, 504, 506, 336 I.P.C. and Section 3(1)(Dha) SC/ST Act, Police Station- Ecotech-III, District- Gautam Buddh Nagar, pending in the court of Additional District Judge II/Special Judge SC/ST Act, Gautam Budh Nagar. At the very outset, learned counsel for the applicants gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application/surrender application of the applicants expeditiously. Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period. In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall file a surrender application before the concerned court below within two weeks from today. On receiving the surrender application, the court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicants and for hearing the applicants on surrender application. On the date fixed by the Court concerned, the applicants will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such bail application is filed, the same shall be considered by the court below along with the surrender application, after giving opportunity of hearing to the informant, on the date fixed, in accordance with law. For the period of three weeks from today or till the surrender application is decided, whichever is earlier, the effect and operation of the impugned orders dated 18.06.2024, 01.10.2024, 05.11.2024, 09.12.2024 and 14.01.2025 passed by learned court below issuing Non-Bailable Warrant against the applicants, shall be kept in abeyance. In case the applicants do not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicants as required under the law. With the above observations and directions, this application under Section 528 BNSS is disposed of. Order Date :- 21.3.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad