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2025 DAILYLAW 66432 (ALL)

DHARMENDRA TOMAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/20604/2025 · 2025-07-09

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109671 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 20604 of 2025 Applicant :- Dharmendra Tomar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Pandey 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. 2. This application has been filed by the applicants for quashing the impugned cognizance and summoning order dated 16.12.2024 and Charge Sheet No. 38 of 2024 dated 17.04.2024 in Case Crime No. 06 of 2024 as well as the entire proceedings registered in its pursuance as Case No.19/X of 2024 (State Vs. Dharmendra and others), under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District- Mathura, presently pending before the court of Civil Judge (J.D.), F.T.C. (Crime against the women), Judicial Magistrate Mathura. 3. After some argument, learned counsel for the applicants 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 applicants. 5. Under the circumstances, the present application under Section 528 BNSS is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail.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. 6. The application under Section 528 BNSS is dismissed as withdrawn with the aforesaid liberty and direction. Order Date :- 10.7.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad