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2025 DAILYLAW 28870 (ALL)

RAJENDRA PRASAD GUPTA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/17162/2025 · 2025-07-17

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116419 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 17162 of 2025 Applicant :- Rajendra Prasad Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Karunesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Learned A.G.A. has filed copy of compliance affidavit, today in Court, which is taken on record. Office is directed to proceed accordingly. 2. As per the compliance affidavit, notice is personally served upon opposite party No.2 through his brother. However, despite service of notice, no one has put in appearance on his behalf. 3. Heard learned counsel for the applicants as well as learned A.G.A. for the State. 4. The applicants have invoked the inherent jurisdiction of this Court under Section 528 of B.N.S.S. quashing the charge sheet dated 17.03.2017 and cognizance-cum- summoning order dated 11.04.2017 as well as NBW dated 04.11.2024 passed by Special Judge, Ananya Special Court (SC/ST Act), Maharajganj as well as entire proceeding of Special S.T. No. 395 of 2017 (State Vs. Rajendra Prasad Gupta and others), Under Sections 325, 323, 504, 506, 452, IPC and 3(1) Dha of SC/ST Act arising out of Case Crime No. 76 of 2017, Police Station: Nautanwa, District: Maharajganj pending before Special Judge, Ananya Special Court (SC/ST Act), Maharajganj and to stay the further proceedings in the said criminal case. 5. It is submitted that previously applicants were enlarged on bail, however, at subsequent stage, they could not appear before the court below due to lock down during the Covid period, which led to issuance of non-bailable warrant against them. It is submitted that present applicants are ready and willing to appear before the court below to cooperate in the trial. They have never intended to avoid the court proceedings, as such, some interim protection may be granted so that they may appear before the court below and participate in the court proceedings. 6. Learned A.G.A. has no objection in case protection is granted to the present applicants to enable them to appear before the court below to participate in the court proceedings. 7. 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 in case present applicants appear/surrender and move bail application before the court below within a period of three weeks from today, same shall be considered and decided in accordance with law, expeditiously, preferably within a period of three weeks thereafter. 8. 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 in aforesaid criminal case. 9. As per observation made above, instant application is disposed of. Order Date :- 18.7.2025 Sumit K. Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad