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2025 DAILYLAW 67304 (ALL)

HAKIKAT v. STATE OF U.P. AND ANOTHER

NA528/21318/2025 · 2025-07-10

Saurabh Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:111862 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21318 of 2025 Applicant :- Hakikat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. 2. This application has been filed by the applicant to quash the entire proceeding of Case no. 1080 of 2004 (State vs. Saleem and others) arising out of Case Crime no. 121 of 2004 under Section 3/5/8 of Cow Slaughter Act, PS- Pilakhua, District Hapur pending in court of Civil Judge (Jr. Div) II Hapur and that of charge-sheet dated 27.5.2004 as well as cognizance/summoning order dated 2.9.2004 passed by Judicial Magistrate, Hapur and that of Permanent Conviction Warrant order dated 18.1.2025 under 299 Cr.P.C. passed by Civil Judge (Jr. Div) II Hapur in aforesaid case. 3. At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to surrender and move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 4. Learned AGA has no objection to the prayer so made. 5. Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant surrenders before the court concerned within three weeks from today and thereafter move application for bail, if there is no other legal impediment before learned court concerned, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra). 6. For a period of three weeks from today, no coercive action shall be taken against the applicant. 7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant. 8. With the above direction, the instant application stands disposed of. Order Date :- 11.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad