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2025 DAILYLAW 62639 (ALL)

DILSHAAD v. STATE OF U.P. AND ANOTHER

NA528/18762/2025 · 2025-05-25

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89196 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 18762 of 2025 Applicant :- Dilshaad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Verma, Vishvajeet Pandey,Shashi Shankar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application has been filed by applicant for quashing the impugned cognizance order dated 30.01.2023 in Case No.115 of 2023 arising out of Case Crime No. 244 of 2022, under Sections 498-A, 323, 504, 506 I.P.C., Section 3/4 D.P Act & Section 3/4 MW (Protection of Rights on Marriage) Act, P.S. Sariyameer, District-Azamgarh, which is pending in the court of Judicial Magistrate, F.T.C, Mahila Azamgarh and the entire proceeding in Case No.115 of 2023 arising out of Case Crime No. 244 of 2022 under Sections 498-A, 323, 504, 506 I.P.C., Section 3/4 D.P ACT & 3/4 MW (Protection of Rights on Marriage) Act, P.S. Sariyameer, District- Azamgarh, pending before in the court of Judicial Magistrate, F.T.C, Mahila Azamgarh. 3. After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 528 BNSS with liberty to file bail application before the court below. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. Under the circumstances, the present application under Section 528 BNSS is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicants before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicant, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 6. The application under Section 528 BNSS is dismissed as withdrawn with the aforesaid liberty and direction. Order Date :- 26.5.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad