KAMLESH GUPTA AND 3 OTHERS v. STATE OF U.P. AND 4 OTHERS
NA528/11468/2025 · 2025-04-30
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38320 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38320 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:69184 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11468 of 2025 Applicant :- Kamlesh Gupta And 3 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Krishna Nand Yadav,Rahul Kumar Gupta,Subhash Chandra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties
2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 08.08.2024, summoning/cognizance order dated 23.12.2024 and the entire proceedings of Case Crime No. 172 of 2024 (State vs. Kamlesh and Others), under sections 147, 323, 504, 506, 354(B), 452 IPC and Section 7/8 POCSO Act, Police Station-Turkpatti, District-Kushi Nagar pending in the court of learned Special Judge (POCSO Act) at Padrauna, District Kushi Nagar as well as to stay the further proceedings of abovementioned case.
3. At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicants surrender before it and apply for bail, their bail applications may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which
learned counsel for the respondents have no objection.
4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicants herein.
Order Date :- 1.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad