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2025 DAILYLAW 29525 (ALL)

LALLAN PATEL AND 9 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/9033/2025 · 2025-03-19

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41096 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9033 of 2025 Applicant :- Lallan Patel And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aamir Nizam,Shabana Nizam Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. 2. This application has been filed by the applicants to quash the entire proceeding of Criminal Case no. 63 of 2021 (State vs. Saurabh Patel & others) arising out of Case Crime no. 233 of 2020, under sections 147, 148, 323, 504, 506, 308, 188, 325, 427 IPC and 3 Epidemic Diseases Act, 1897, PS- Newariya, District Jaunpur including charge sheet dated 28.02.2021 as well as cognizance/summoning order dated 02.07.2021 and N.B.W. order dated 19.02.2025 passed by learned Civil Judge (Senior Division), FTC, Jaunpur. Further prayer has been made to stay the proceedings of Criminal Case no. 63 of 2021 during pendency of the present application. 3. At the very outset, learned counsel for the applicants has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 4. Learned AGA has no objection to the prayer so made. 5. Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appears before the court concerned within one month from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra). 6. For a period of one month from today, no coercive action shall be taken against the applicants. 7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants. 8. With the above direction, the instant application under Section 528 BNSS stands disposed of. Order Date :- 20.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad