AMAR KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/21444/2025 · 2025-07-31
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51035 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51035 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:129017 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 21444 of 2025 Applicant :- Amar Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Tripathi,Ankit Mishra,Ashwani Tiwari Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Learned AGA has filed a copy of the compliance affidavit today in the Court, which is taken on record. Office is directed to proceed accordingly. 2. Heard Sri Ankit Mishra, learned counsel for the applicants and Sri Ullas Pandey, learned Advocate holding brief of Sri Ashish Goel, learned counsel for opposite party no.2 as well as the learned A.G.A. for the State-respondent. 3. The applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the charge sheet dated 11.03.2022 and cognizance/summoning order dated 08.12.2022 as well as entire proceedings of Session Case No.2158 of 2022 (Varsha Vs. Nek Bahadur and others) arising out of Case Crime No.18 of 2022, under Sections 323, 308, 504, 506 I.P.C. and Section 3(2) (5a) of S.C./S.T. (P.A.) Act, Police Station Malpura, District Agra, pending in the Court of Additional Sessions Judge, S.C./S.T. Act, Court No.2, Agra. 4. After due deliberations at length, learned counsel for the applicants has submitted that he is 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 interim protection may be granted to them. It is next submitted that the present applicants have never intended to ignore the court proceedings. 5. Learned A.G.A. as well as learned counsel for the contesting- opposite party No.2 has no objection if interim protection is granted to the present applicants to enable them to appear before the court below. 6.
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 three weeks from today along with a certified copy of this order, the same shall be considered and decided by the court concerned in accordance with law expeditiously, preferable, within a period of three weeks thereafter. 7. For a period of six weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicants. 8. It is made clear that, in the event, counsel for the parties are abstaining from work, learned court concerned shall decide the bail application after hearing the parties concerned. 9. As such, instant application is finally disposed of. Order Date :- 1.8.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad