MAHESHPAL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/13795/2025 · 2025-08-20
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47297 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47297 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:144742 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13795 of 2025 Applicant :- Maheshpal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Shukla Counsel for Opposite Party :- G.A.,Sudhakar Yadav Hon'ble Dinesh Pathak,J.
1. Learned counsel for the applicants has filed supplementary affidavit today in Court, which is taken on record. Office is
directed to proceed, accordingly. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 as well as learned A.G.A. representing State-opposite party No. 1 and perused the record on Board. 3. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the charge sheet dated 25.10.2024 and summoning order dated 16.12.2024 as well as entire proceedings of Case No.4357 of 2024 (State Vs. Maheshpal and others), arising out of Case Crime No.392 of 2024, under Sections 323, 324 and 506 IPC, Police Station Kant, District Shahjahanpur, pending in the court of Additional Chief Judicial Magistrate-III, Court No.15, District Shahjahanpur. 4. As per FIR version, on the date of occurrence of the offence i.e. 26.03.2024, at about 6:30 pm, all the named accused have assaulted the husband of the first informant, thereby severe injuries caused to him. Learned counsel for the applicants has pointed out that with respect to the same incident in question, applicants have lodged FIR, being Case Crime No.0185 of 2024 dated 27.03.2024. 5. Learned counsel for the opposite party no.2 has contended that in view of the cross FIR against each other, prima facie, incident is admitted. At this stage, mini trial cannot be conducted to examine the innocence of the present applicants. 6. After due deliberation at length, learned counsel for the applicants has submitted that they are not pursuing the instant application on merits. He has further submitted that the present applicants are willing and ready to co-operate with the courts below and participate in the court proceedings provided some
protection may be granted to them. It is next submitted that the present applicants have never intended to ignore the court proceedings. 7. Learned AGA has no objection if protection is granted to the present applicants to enable them to appear before the court below. 8.
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 the present applicants, in case, appear/surrender and move a bail application before the court below within a period of four weeks from today along with a certified copy of this order, the same shall be considered and decided by the court concerned in the light of the dictum of Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 Supreme Court Cases 773 expeditiously, preferably, within a period of four weeks thereafter. 9. For a period of eight weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicants. 10. As such, instant application is finally disposed of.
Order Date :- 21.8.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad