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2025 DAILYLAW 3286 (ALL)

MUKESH AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

NA528/47640/2025 · 2026-05-04

Vivek Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 47640 of 2025 Court No. - 80 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. Learned counsel for the applicants is permitted to delete the applicant no.1 and 3 from the array of parties during the course of the day. Certified copy of the order-sheet has been produced by the learned counsel for the applicants, which is taken on record. 3. The present application has been filed by applicants for quashing the cognizance/summoning order dated 04.12.2024 and chargesheet dated 19.10.2024 as well as entire proceedings of Sessions Case No.1281 of 2024 (State vs. Mukesh and Others), arising out of Case Crime No.397 of 2024, under Sections 363, 366, 376, 504, 506 IPC and Section 3/4 POCSO Act, Police Station Kosikala, District Mathura, pending in the court of Additional District Judge POCSO Act, Mathura. 4. It is submitted by learned counsel for the applicants that applicants are ready to appear before the court concerned and on account of compelling circumstances, they could not appear on the date fixed before the court concerned, therefore, as a result of the same, non bailable warrant dated 30.04.2026 has been issued against the applicants. 5. Learned counsel for the applicants submitted that applicants undertake to participate in the trial court's proceedings and they shall remain present before the court concerned unless the personal presence of the applicants Versus Counsel for Applicant(s) : Pankaj Kumar Tripathi Counsel for Opposite Party(s) : G.A. Mukesh And 3 Others .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) are exempted by the court concerned. It is further submitted by learned counsel for the applicants that the applicants will cooperate in the trial court's proceedings. 6. On the other hand learned AGA submits that due to non appearance of the applicants on several dates, the leaned trial Court proceeded to issue non bailable warrant against the applicants. 7. In view of the facts of the case, this Court deems it fit that non bailable warrant issued against the applicants shall be kept in abeyance for a period of four weeks and applicants shall appear before the court concerned within the time fixed by this Court. If, the applicants appear before the court concerned, non bailable warrant shall not be further executed. However, if the applicants fail to appear or participate in the trial proceeding within the time fixed by this Court, non bailable warrant shall be executed against the applicants without delay. 8. In view of the aforesaid, this application is disposed of. May 5, 2026 Nitendra NA528 No. 47640 of 2025 2 (Vivek Kumar Singh,J.) Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad