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2025 DAILYLAW 53746 (ALL)

KAMAL v. STATE OF U.P. AND ANOTHER

NA528/17079/2025 · 2025-07-24

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123225 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 17079 of 2025 Applicant :- Kamal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Shri Vinay Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State-respondent and perused the record. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire criminal proceeding of Criminal Case No. 6922/2023 as well as charge sheet dated 28.10.2020 and cognizance order dated 24.12.2020 arising out of Case Crime No. 300/2018, under Sections 147, 148, 149, 307, 392, 353 IPC, P.S.- Jhinjhana, District- Shamli, pending before the learned Civil Judge (J.D.)/Judicial Magistrate, Shamli at Kairana. 3. After due deliberations at length, learned counsel for the applicant has submitted that he is not pursuing the instant application on merits. He has further submitted that the present applicant is willing and ready to co-operate with the courts below and participate in the court proceedings provided some interim protection may be granted to him. It is next submitted that the present applicant has never intended to ignore the court proceedings. 4. Learned AGA has no objection if interim protection is granted to the present applicant to enable him to appear before the court below. 5. 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 applicant, in case, appears/surrenders and moves 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, preferably, within a period of three weeks thereafter. 6. 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 applicant. 7. 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. 8. As such, instant application is finally disposed of. Order Date :- 25.7.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad