DINESH KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/14395/2025 · 2025-08-11
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48970 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48970 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:136361 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 14395 of 2025 Applicant :- Dinesh Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhaiya Ram Maurya Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under Section 528 BNSS has been filed by the applicants to quash the impugned cognizance/summoning order dated 19.03.2025 passed by Additional Chief Judicial Magistrate, Court No. 18, Etah in Criminal Case No. 6973 of 2025 (State Vs. Dinesh Kumar and others), as well as Charge Sheet No. 124 of 2023, dated 08.06.2023 submitted in Case Crime No. 67 of 2023, Under Section 306 I.P.C., Police Station Aliganj, District Etah, as well as entire criminal proceedings of Criminal Case No. 6973 of 2025, pending before the court of Additional Chief Judicial Magistrate, Court No. 18, Etah.
3. On the matter being taken up, learned counsel for the applicants have not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously.
4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.
5. Accordingly the relief as sought by the applicants through this application is refused.
6. Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.
7. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.
8. With the aforesaid directions, this application under Section 528 BNSS stands
disposed of.
Order Date :- 12.8.2025/Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad