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2025 DAILYLAW 68059 (ALL)

MOHAMMAD AMAN @ AMAN AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/23013/2025 · 2025-07-16

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115662 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23013 of 2025 Applicant :- Mohammad Aman @ Aman And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mir Sayed Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following relief:- "It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow the present application and quash the entire criminal proceeding in charge-sheet No.180 of 2022 dated 28.08.2022 in Criminal Case No.2701 of 2023 (State of U.P. Vs Mohammad Aman and Another), arising out of case crime No.246 of 2022, under Sections 323, 504, 506 IPC, Police Station Kareli, District Allahabad, pending in the Court of Judicial Magistrate Court No.4 Allahabad as well as impugned cognizance order dated 06.09.2023 and NBW dated 22.05.2025 passed by Learned Court below. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding in charge-sheet No.-180 of 2022 dated 28.08.2022 in Criminal Case No.2701 of 2023 (State of U.P. Vs Mohammad Aman and Another), arising out of case crime No.246 of 2022, under Sections 323, 504, 506 IPC, Police Station Kareli, District Allahabad, pending in the Court of Judicial Magistrate Court No.4 Allahabad as well as impugned cognizance order dated 06.09.2023 and NBW dated 22.05.2025, passed by Learned Court below, during pendency of the present application before this Hon'ble court, otherwise the applicants shall suffer irreparable loss and injury." 3. Learned counsel for the applicants submitted that the prayer made above is not being pressed and that earlier the applicants were on bail but they could not appear before the trial Court, hence non-bailable warrants have been issued against them. Referring to facts of the matter, it was submitted that non-appearance of applicants was not deliberate and that applicants would appear before the trial Court and a direction may be made to the trial Court to decide the application for cancellation of warrants / for bail of applicants expeditiously in accordance with law and protection may be granted till then. 4. In view of aforesaid, it is directed that in case applicants appear / surrender before the court concerned within a period of two weeks from today and apply for cancellation of warrants / for bail, the same shall be considered and decided expeditiously in accordance with settled law. For a period of two weeks from today or till the applicants surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 5. With the aforesaid observations, the application under Section 528 BNSS is disposed of. Order Date :- 17.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad