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2025 DAILYLAW 31582 (ALL)

MINTU v. STATE OF U.P. AND ANOTHER

NA528/9530/2025 · 2025-07-07

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107539 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 9530 of 2025 Applicant :- Mintu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adesh Kumar,Kuldeep Kumar Sharma Counsel for Opposite Party :- G.A.,Nitin Sharma,Pawan Sut Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicant, learned counsel for the O.P. No.2 as well as learned A.G.A. for the State. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 of B.N.S.S. for quashing the Charge sheet dated 28.11.2024 as well as Cognizance order dated 04.02.2025 in Case No. 233/25, (State vs. Mintu) arising out of Case Crime No. 836/24, under Sections 74, 76, 64, 351(2) B.N.S. & 3(2)(v) SC/ST Act, Police Station Baghpat, District- Baghpat, pending in the Court of Additional District Judge II, SC/ST Act, Baghpat. 3. After due deliberation at length, learned counsel for the applicant chose not to press the instant application on merits. However, he has urged for interim protection to the present applicant so that he may appear before the court below and participate in the court proceedings. It is submitted that present applicant is ready and willing to appear before the court below to cooperate in the trial. He has never intended to ignore the court proceedings. As such, some protection may be granted. 4. Learned A.G.A. has no objection in case protection is granted to the present applicant to enable him to appear before the court below and participate in the court proceedings. 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 in case present applicant appears/surrenders 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. 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 in aforesaid criminal case. 7. As per observation made above, instant application is finally disposed of. Order Date :- 8.7.2025 Sumit K. Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad