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2025 DAILYLAW 6032 (ALL)

SURYA BHAN GIRI AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

A482/917/2019 · 2025-04-08

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52032 Court No. - 73 Case :- APPLICATION U/S 482 No. - 917 of 2019 (Leading Application) Applicant :- Surya Bhan Giri And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Haridwar Singh Counsel for Opposite Party :- G.A. with Case :- APPLICATION U/S 482 No. - 42305 of 2022 (Connected Application) Applicant :- Surya Bhan Giri And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Haridwar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Haridwar Singh and Ashok Kumar Pandey, learned counsel for the applicants in the leading and connected application and Sri S.K. Singh, learned AGA for the State-opposite party and Shri O.P. Singh, counsel for opposite party no. 2. 2. The leading application has been preferred for seeking following reliefs: "It is therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application allow this application quashed the charge sheet dated 27.7.2018 in Case crime No. 54 of 2018 Under Section 147, 323, 504, 506 354 (B) I.P.C. Police Station Tahabarpur District Azamgarh and Stay the further proceeding in case No.4735 of 2018 (State Vs. Surya Bhan), Under Section 147, 323, 504, 506 354 (B) I.P.C. Police Station Tahabarpur District Azamgarh pending in the court of Additional Civil Judge Court No. 14 Azamgarh, And/or pass such other and further order which this Hon'ble court may deem fit and proper in the facts and circumstances of the case, otherwise the applicants shall suffer Irreparable loss and injury." 3. The connected application has been preferred for seeking following reliefs: "It is therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application 02.12.2018 and quash the and Cognizance charge sheet dated order dated 28.10.2022 passed by F.T.C Mahila Azamgarh in Case No. 4102 of 2022 (state Vs. Surya Bhan Giri and others) arising out of Case Crime No. 98 of 2018 Under Section 354, 323, 504, 506 I.P.C. Police Station Tahbarpur District Azamgarh pending in the court of F.T.C. Mahila Azamgarh. Stay further proceeding in Case No. 4102 of 2022 (State Vs. Surya Bhan Giri and others) arising out case crime No. 98 of 2018 Under Section 354, 323, 504, 506 I.P.C. Police Station Tahbarpur District Azamgarh pending in the court of F.T.C. Mahjila Azamgarh, And/or pass such other and further order which this Hon'ble court may deem fit and proper in the facts and circumstances of the case, otherwise the applicants shall suffer Irreparable loss and injury." 4. Learned counsel for the parties have invited attention towards the counter affidavit filed on behalf of the opposite party no. 2 on 27.03.2023 in leading and connected application so as to contend that Annexure-CA1 happens to be a document dated 31.01.2023, according to which, the opposite party no. 2 is supporting the case of applicants and the matter be given to its logical end. He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded. 5. Learned AGA as well as counsel for opposite party no. 2 on the other hand submits that they have no objection to the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the court below while filing the compromise application, counter affidavit and a self-attested copy of the both present applications and certified copy of the orders dated 02.05.2025. 7. On the receipt of the same, the court below shall verify the original compromise so filed by the parties and shall conclude the process for verification of the same while fixing as specific date. 8. Till the verification process is concluded, no coercive action shall be taken against the applicants in pursuance of proceedings in Case crime No. 54 of 2018 Under Section 147, 323, 504, 506 354 (B) I.P.C. Police Station Tahabarpur District Azamgarh and Stay the further proceeding in case No.4735 of 2018 (State Vs. Surya Bhan), Under Section 147, 323, 504, 506 354 (B) I.P.C. Police Station Tahabarpur District Azamgarh pending in the court of Additional Civil Judge Court No. 14 Azamgarh as well as in Case No. 4102 of 2022 (state Vs. Surya Bhan Giri and others) arising out of Case Crime No. 98 of 2018 Under Section 354, 323, 504, 506 I.P.C. Police Station Tahbarpur District Azamgarh pending in the court of F.T.C. Mahila Azamgarh. 9. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench. 10. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 9.4.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad