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2025 DAILYLAW 86481 (ALL)

PRAMOD KUMAR TIWARI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/31852/2025 · 2025-09-09

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31852 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard Shri Ashwani Mishra, learned counsel for the applicants as well as learned A.G.A. for the State-respondent and perused the record. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire criminal proceedings including charge-sheet dated 23.06.1999 as well as N.B.W. order dated 25.04.2024 in Case Crime No.549-A of 1997 (N.C.R. No.28 of 1997) under Sections 323, 325, 326, 504 I.P.C., Police Station Handia, District Allahabad. 3. After due deliberations at length, learned counsel for the applicants has submitted that he is not pursuing the instant application on merits. He has submitted that the applicants are ready and willing to cooperate with the court below and participate in the court proceedings provided some interim protection may be granted to them. It is next submitted that the present applicants have never intended to ignore the court proceedings. 4. Learned A.G.A. has no objection if protection is granted to the present applicants to enable them to appear before the court below. 5. In this conspectus, as above, no useful purpose would be served to keep the instant application pending, therefore, the same is being decided finally without entering into the merits of the case with a direction that in case the present applicants appear/surrender and move bail application before the court below within a period of three weeks from today along with a certified copy of this order, the same shall be considered and decided by the court Versus Counsel for Applicant(s) : Ashwani Mishra Counsel for Opposite Party(s) : G.A. Pramod Kumar Tiwari And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) concerned having considered the dictum of Hon'ble Supreme Court in accordance with law, expeditious, preferably within a period of three weeks thereafter. 6. For a period of six weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicants. 7. With the aforesaid observation/direction, instant application is finally disposed of. September 10, 2025 VR NA528 No. 31852 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad