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2025 DAILYLAW 4777 (ALL)

RAJJAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/459/2025 · 2025-01-07

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:4329 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 459 of 2025 Applicant :- Rajjan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhananjay Shukla Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicants as well as learned A.G.A. appearing for the State and perused the records. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 of BNSS for quashing the charge-sheet No.135 of 2024 dated 28.09.2024, summoning order dated 14.11.2024 as well as the entire proceedings of Case No.6891 of 2024, arising out of Case Crime No.132 of 2024, under Sections 118, 115(2), 352, 351(2), 110 of Bharatiya Nyaya Sanhita, 2023, P.S.- Bharatkoop, District- Chitrakoot, pending in the court of learned Chief Judicial Magistrate, Chitrakoot. 3. After due deliberation at length, learned counsel for the applicants has chosen not to press the instant application on merits, however, he has submitted that the applicants are ready and willing to cooperate with the court below and participate in the court proceedings provided some interim protection may be granted to them. It is next submitted that the present applicants have never intended to ignore the court proceedings. 4. Learned A.G.A. has no objection if protection is granted to the present applicants to enable them to appear before the court below. 5. In this conspectus, as above, no useful purpose would be served to keep the instant application pending and the same is being decided without entering into the merits of the case with a direction that in case the present applicants appear/surrender and move 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 having considered the dictum of the Hon'ble Supreme Court strictly in accordance with law, expeditiously, preferably within a period of four weeks, thereafter. 6. 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 in the aforesaid case. Order Date :- 8.1.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad