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2025 DAILYLAW 28903 (ALL)

JAGADMBA MISHRA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/8220/2025 · 2025-03-11

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36089 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 8220 of 2025 Applicant :- Jagadmba Mishra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama filed by Sri Akhilesh Kumar Tripathi (AoR No.A/A 0875/2018) on behalf of O.P. No.2 is taken on record. 2. Heard Sri Deepak Kumar Tripathi, learned counsel for the applicants, who are two in number, Sri Abhishek Tripathi, learned A.G.A. and Sri Akhilesh Kumar Tripathi for O.P. No. 2. 3. This is an application under Section 528 CrPC preferred by the applicant for quashing the entire proceeding of Special Sessions Trial No. 22 of 2015 (State Vs. Jagadamba Mishra and other) arising out of Case Crime No. 770 of 2009 Under Sections 323, 325, 504, 506 I.P.C. and Section 3(1)(X) S.C./S.T. Act, Police Station- Mehdawal, District- Sant Kabir Nagar pending in the Court of Special Judge (S.C./S.T. Act) Sant Kabir Nagar on the basis of compromise. 4. Learned counsel for the applicants submits that though a first information report stood lodged, FIR No.770 of 2009 under Sections 452, 325, 323, 504, 506 IPC read with Section 3(1) of the SC/ST Act, however, parties have entered into a compromise and filed it before the court of Special Judge, SC/ST Act, Sant Kabir Nagar (Annexure-3, at page 26 onward), reference whereof has been made in paragraph-9 of the application on 21.01.2025. Learned counsel for the applicant submits that till the verification is done, protection be accorded to the applicants. 5. Learned A.G.A. as well as Sri Akhilesh Kumar Tripathi, learned counsel for O.P. No. 2 have no objection to the same. 6. Considering the submissions so advanced and stand taken by the parties, the application stands disposed of requiring the applicants (parties) to file self-attested copy of the present application and the certified copy of the order before the court below by 04.04.2025, on the receipt of which, the court below shall make endeavour for the verification and the same be done by 23.05.2025. 7. Till the verification proceeding is completed, no coercive action shall be taken against the applicants in Special Sessions Trial No. 22 of 2015 (State Vs. Jagadamba Mishra and other) arising out of Case Crime No. 770 of 2009 Under Sections 323, 325, 504, 506 I.P.C. and Section 3(1)(X) S.C./S.T. Act, Police Station- Mehdawal, District- Sant Kabir Nagar, pending in the Court of Special Judge (S.C./S.T. Act) Sant Kabir Nagar. 8. In case of default, interim protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicants will be free to approach this Court again. 9. The aspect relating to refund/deposit of compensation to victim/informant/complainant which was received be also dealt with while seeking report from the concerned District Social Welfare Officer. Order Date :- 12.3.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad