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2025 DAILYLAW 65872 (ALL)

D. K.GUPTA v. STATE OF U.P. AND ANOTHER

NA528/20252/2025 · 2025-07-21

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119876 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 20252 of 2025 Applicant :- D. K.Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 of B.N.S.S. for quashing the charge- sheet dated 09.08.2015 as well as cognizance/ summoning order dated 26.02.2016 and the entire criminal proceeding of Case No. 2467 of 2016, arising out of Case Crime No. 139 of 2014, u/s 427, 504 of I.P.C. Police Station- Etmadpur, District- Agra, pending in the court of ACJM, Court No.9, Agra. 3. Learned counsel for the applicant submitted that initially, present applicant was enlarged on bail, however, subsequently, because of his personal difficulty, he could not appear before the court below which led issuance of Non-Bailable Warrant against him. It is next submitted that present applicant is not intended to avoid the court proceedings. However, he has urged for interim protection to the present applicant so that he may appear before the court below and participate in the court proceedings. It is further submitted that present applicant is ready and willing to appear before the court below to cooperate in the trial. As such, some protection may be granted. 4. Learned A.G.A. has no objection in case protection is granted to the present applicant to enable him 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 applicant appears/surrenders and moves 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 applicant in aforesaid criminal case. 7. As per observation made above, instant application is disposed of. Order Date :- 22.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad