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2025 DAILYLAW 81869 (ALL)

MOTILAL MAURYA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/34234/2025 · 2025-10-08

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34234 of 2025 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 528 B.N.S.S. has been filed by the applicants to quash the charge-sheet No.01 of 2024 dated 06.05.2024, summoning order dated 01.02.2025 passed by the Special Judge SC/ST Act, Varanasi, in Case No.94 of 2025 (State vs. Rahul Kumar Maurya and others) arising out of Case Crime No.194 of 2024, under Sections 323, 504, 506, 406, 325 I.P.C. & Section 3(2)(va) & 3(1)(d) & 3(1) (dh) SC/ST Act, P.S. Chaubeypur, District Varuna (Commissionerate Varanasi), pending before Special Judge SC/ST Act, Varanasi. 3. On the matter being taken up, learned counsel for the applicants have not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously. 4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants. 5. Accordingly the relief as sought by the applicants through this application is refused. 6. Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case apply for bail, the bail application shall be decided expeditiously by the courts below in Versus Counsel for Applicant(s) : Vinod Kumar Maurya Counsel for Opposite Party(s) : G.A. Motilal Maurya And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 7. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. 8. With the aforesaid directions, this application under Section 528 B.N.S.S. stands disposed of. October 9, 2025 SKD NA528 No. 34234 of 2025 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad