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Neutral Citation No. - 2025:AHC:32709 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6381 of 2025 Applicant :- Jai Chandra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aman Patel,Neeraj Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Neeraj Singh Yadav, learned counsel for the applicant as well as Sri Ashok Kumar Kushwaha, learned AGA for the State/opposite party no.1. 2. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Case No.6336 of 2010 (State Vs. Kaushal Kishor), arising out of case crime no.157 of 1984, under Sections 409, 420, 467, 468, 471, 477, 120-B of IPC Police Station- Kotwali Nagar, District Banda, pending before the court of learned Chief Judicial Magistrate, Banda. 3. Learned counsel for the applicant has submitted that a first information report stood lodged in the year 1984 as case crime no. 157 of 1994, under Section 409, 420, 467, 468, 471, 477, 120-B of IPC, police station Kotwali Nagar, Banda and a charge sheet stood submitted on 14.12.1995 and magistrate has taken cognizance on 11.07.1997 but the applicant has no knowledge about the same and at the very first time, he gathered knowledge on 22.01.2025 and the police constable came to the applicant's house for serving non- bailable warrants. Submission of the learned counsel for the applicant is that he is now 75 years of age while inviting attention towards page 11 which happens to be the Aadhar card. He submits that applicant shall surrender before the court below and obtain
bail and for that purpose, 15 days' time be accorded to him. 4. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of requiring the applicant to surrender before the court below by 04.04.2025 and, in case, post surrender, he applies for the bail then the same should be considered expeditiously by 11.04.2025. 5. Till 11.04.2025, no coercive action shall be taken against the applicant in pursuance of Case No.6336 of 2010 (State Vs. Kaushal Kishor), arising out of case crime no.157 of 1984, under Sections 409, 420, 467, 468, 471, 477, 120-B of IPC Police Station- Kotwali Nagar, District Banda, pending before the court of learned Chief Judicial Magistrate, Banda. 6.
The interim protection so accorded to the applicant shall only apply in those contingencies when the applicant compliance with the terms and conditions and adherence to the time-lines and in case of any default, the interim protection shall stand vacated without reference to the Bench. Order Date :- 6.3.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad