Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:110497 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 6558 of 2025 Applicant :- Deshraj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicant, learned counsel for the complainant (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 applicant has invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding of Case No.157 of 2011, State v. Deshraj and another, arising out of Case Crime No.564 of 2010, under Sections 379, 411 I.P.C., Police Station Saiya, District Agra along with non-bailable warrant, 82 Cr.P.C and 83 Cr.P.C., order dated 10.02.2025 pending in the Court of Additional Chief Judicial Magistrate-6th, Agra. 3. After due deliberation at length, learned counsel for the applicant has submitted that he is not pursuing the instant application on merits. He has further submitted that the present applicant is 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 applicant has 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 applicant 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 applicant, in case, appears/surrenders 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 applicant. 7. As such, instant application is finally disposed of.
Order Date :- 10.7.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad