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2025 DAILYLAW 72091 (ALL)

ANWAR AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/24169/2025 · 2025-07-17

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117517 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24169 of 2025 Applicant :- Anwar And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwanshu Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the entire proceeding of Criminal Case no. 1270/2024 (State vs. Adil and other) under sections 147, 148, 149, 336, 506 IPC and 7 Criminal Law Amendment Act, PS- Kotwali Chhibramau, District Kannauj (arising out of Case Crime no. 209/2024) pending in court of Additional Chief Judicial Magistrate, Chhibramau, Kannauj and chargesheet dated 6.6.2024 and cognizance/summoning order dated 26.7.2024 taken by Additional Chief Judicial Magistrate, Chhibramau, Kannauj. 3. Learned counsel for applicants fairly submitted that applicants have not appeared before learned court concerned till today and as such they may be permitted to appear before court concerned. 4. Per contra, learned AGA submitted that there is hardly any need for judicial order for seeking permission in favour of the applicants to appear before learned court concerned. 5. Considering the arguments raised by learned counsel for the applicants, since the entire proceeding has been put under challenge without appearing before learned concerned court, it is hereby directed to the applicants to appear before learned court concerned within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicants and they are at liberty to avail all the other remedies available at law for seeking redressal of their grievances. It is also open for the applicants to press the same prayer in shape of quashing entire proceeding if required after appearing before learned concerned court. 6. The application u/s 528 BNSS stands disposed of accordingly. Order Date :- 18.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad