INDRAPAL SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/27700/2025 · 2025-08-22
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80554 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80554 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:146270 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 27700 of 2025 Applicant :- Indrapal Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Pathak 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 u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed seeking following prayer:-
"It is, therefore, Most respectfully prayed that this Hon'ble Court may be Please to
1. Quash the proceeding of the case of case no 1456 of 2007 u/s 323, 504, 506, PS Tanda District Rampur, being (state Vs Brahmpal and others), arising out of case crime no. 669 C of 2006, u/s 147, 323, 504, 506 IPC, PS Tanda, District Rampur. or
2. Quash the process of the NBW dated 08-01-2024, of case no 1456 of 2007 u/s 323, 504, 506, PS Tanda District Rampur being (state Vs Brahmpal and others), arising out of case crime no 669 C of 2006 u/s 147,323,504,506 IPC PS Tanda District Rampur. and
3. To order for separation of the paper book of the trial of them from the accused Brahmpal Singh of case no 1456 of 2007 u/s 323, 504, 506, PS Tanda District Rampur, being (state Vs Brahmpal and others), arising out of case crime no 669 C of 2006 u/s 147, 323, 504, 506 IPC. PS Tanda, District Rampur, and it is further prayed that this Hon'ble court may kindly pleased to stay the further proceeding of case no 1456 of 2007 u/s 323, 504, 506 PS Tanda District Rampur being state Vs Brihmpal and others arising out of case crime no 669 C of 2006 u/s 147,323,504,506 IPC during the pendency of the present application in the aforesaid application."
3. Learned counsel for the applicants submitted that in the aforesaid case applicants were on bail but due to certain unavoidable reasons on 08.01.2024 applicants could not appear before the court concerned due to which non-bailable warrants have been issued against applicants. It has been pointed out that applicants were appearing in the aforesaid case since the year
2007.
Learned counsel submitted that the prayer made above is not
being pressed and applicants would appear before the trial Court concerned and a direction may be made to the trial Court concerned to decide their application for cancellation of warrants / application for bail expeditiously 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 or for bail, the same shall be considered and decided expeditiously in accordance with 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 :- 23.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad