MOHSIN KHAN AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/18621/2025 · 2025-05-22
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62702 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62702 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:87885 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 18621 of 2025 Applicant :- Mohsin Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Fazil,Salman Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicants and learned AGA for the State-respondent. 2. This application has been filed by applicants for quashing the impugned order dated 07.11.2014 passed by learned Second Additional Civil Judge (J.D.)/Judicial Magistate Jyotiba Phoole Nagar, in case no. 1556/2014, "State vs Mohsin Khan and another" and the impugned Chargesheet dated 27.09.2014, arising out of case crime no. 16/2014, u/s 498-A, 504, 506 IPC read with section 3/4 D.P. Act, Police Station Mahila Thana, District Amroha (Annexure-3 and 2) and entire proceedings of case no. 974/2021,
"State vs Mohsin Khan and another", arising out of case crime no. 16/2014, u/s 498-A, 504, 506 IPC read with section 3/4 D.P. Act, Police Station Mahila Thana, District Amroha pending before the court of learned Civil Judge (J.D.)/J.M./Fast Track Court Second, District Amroha. 3. After some argument, learned counsel for the applicants states that he may be permitted to withdraw this application 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 applicants. 5. Under the circumstances, the present application is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail. In order to enable the applicants to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicants. The applicant is at liberty to prefer application before the court concerned along with the bail application. The court concerned shall fix the date on the surrender application within seven days. The Public Prosecutor
shall be supplied with the advance copy of the bail application and who shall obtain instructions thereafter. The surrender application and the bail application shall be decided together by the court concerned. 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.
In the event, applicants do not appear before the court concerned within the time granted, the police authorities will execute the warrant that may be issued by the court concerned immediately. 6. The application is dismissed as withdrawn with the aforesaid liberty and direction. Order Date :- 23.5.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad