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2025 DAILYLAW 71866 (ALL)

SMT. NAJIYA ALIAS NAJIYA KHATOON v. STATE OF U.P. AND ANOTHER

NA528/23968/2025 · 2025-08-05

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133150 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23968 of 2025 Applicant :- Smt. Najiya Alias Najiya Khatoon Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Sharma Hon'ble Jitendra Kumar Sinha,J. 1. Heard learned counsel for the applicant, Shri Shiv Pratap Singh, learned AGA for the State and perused the record. 2. Instant application has been filed with the prayer to quash the entire criminal proceeding of N.B.W. dated 18.3.2025 passed by the Chief Judicial Magistrate, Amroha in Case No. 1279 of 2021 arising out of Case Crime No. 98 of 2020 under section 147, 323, 325, 307, 504 IPC, P.S. Nauganwa Sadat, District Amroha. It is also prayed to stay the further proceeding of aforesaid case during pendency of the present application. 3. After some argument, learned counsel for the applicant gave up his challenge to the aforesaid criminal proceeding against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the learned trial court. The learned counsel for the applicant further stated at the bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned trial court to consider and decide the bail application of the applicant expeditiously. 4. Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by them on merits and wants to surrender before the concerned court, he has no objection in granting protection to them for a short period. 5. In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court within three weeks from today and in case applies for bail, the bail application of the applicant shall be disposed of expeditiously by the learned trial court in accordance with law 6. For the period of three weeks from today or till the time of surrender of the applicant before the learned trial court, whichever is earlier, no coercive action shall be taken against the applicant. 7. With the above observations and directions, this application under Section 528 BNSS is disposed of. Order Date :- 6.8.2025 SY Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad