JAMEEL AND ANOTHER v. STATE OF U.P. THROUGH PRINCIPAL SECRATARY HOME GOVERNMENT OF U.P. AT LUCKNOW AND ANOTHER
NA528/848/2025 · 2025-01-21
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5996 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5996 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:10610 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 848 of 2025 Applicant :- Jameel And Another Opposite Party :- State Of U.P. Through Principal Secratary Home Government Of U.P. At Lucknow And Another Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State- respondent. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. to quash the entire criminal proceedings as well as Charge dated 19.09.2024 and Cognizance order dated 08.11.2024 in Case No. 47680 of 2024 (State V/S Jameel and others), arising out of Case Crime No.280 of 2024 under Sections 352, 74, 76, 115(2), 333, 126(2) Bhartiya Nyaya Sahinta (B.N.S.), 2023, P.S.- Roravar, District- Aligarh, pending in court of Chief Judicial Magistrate, Aligarh. 3. After due deliberation at length, learned counsel for the applicants chose not to press the instant application on merits. However, he has urged for interim protection to the present applicants so that they may appear before the court below and participate in the court proceedings. It is submitted that present applicants are ready and willing to appear before the court below to cooperate in the trial. They have never intended to ignore the court proceedings. As such, some protection may be granted. 4. Learned A.G.A. has no objection in case protection is granted to the present applicants to enable them to appear before the court below to participate in the court proceedings. 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 in case present applicants appear/surrender and move bail application before the court below within a period of three weeks from today, same shall be considered and decided 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 applicants in aforesaid criminal case. 7. As per observation made above, instant application is disposed of.
Order Date :- 22.1.2025/vkg Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad