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2025 DAILYLAW 6674 (ALL)

DEVANSHU GUPTA v. STATE OF U.P. AND ANOTHER

NA528/982/2025 · 2025-01-21

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:10713 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 982 of 2025 Applicant :- Devanshu Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Singh,Shailendra Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. to quash the entire criminal proceeding in Case No.140 of 2024 (State Vs. Devanshu Gupta), arising out of Case Crime No.154/2023, under Sections 420, 467, 468, 471 IPC, PS-Dakor, District-Jalaun, pending in the court of Civil Judge (Sr.Div.)/F.T.C./A.C.J.M., Jalaun at Orai. 3. It is submitted that previously the applicant was enlarged on bail, however, due to lack of knowledge qua date fixed in the matter before the court below, he could not appear and participate in the court proceeding which led issuance of non-bailable warrant against him. It is further submitted that the applicant is ready and willing to cooperate with the court below and participate in the court proceedings provided some interim protection may be granted to him. It is next submitted that the present applicant has never intended to ignore the court proceedings. 4. Learned A.G.A. has no objection if protection is granted to the present applicant to enable him to appear before the court below. 5. In this conspectus, as above, no useful purpose would be served to keep the instant application pending and the same is being decided without entering into the merits of the case with a direction that in case the present applicant appears/surrenders and move a bail application before the court below within a period of three weeks from today along with a certified copy of this order, the same shall be considered and decided by the court concerned having considered the dictum of Hon'ble Supreme Court in accordance with law, expeditious, 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. 7. With the aforesaid observation/direction, instant application is finally disposed of. Order Date :- 22.1.2025/vkg Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad