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2025 DAILYLAW 87138 (ALL)

SHIVAM GUPTA ALIAS BAUWA v. STATE OF U.P. AND ANOTHER

NA528/30302/2025 · 2025-08-18

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140911 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 30302 of 2025 Applicant :- Shivam Gupta Alias Bauwa Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akansha Verma,Deepak Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard Sri Deepak Kumar Verma, learned counsel for the applicant and learned A.G.A. for the State respondent and perused the record on Board. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding including charge sheet dated 20.12.2024 and cognizance/summoning order dated 03.06.2025 in Sessions Case No.705/2025 (State vs. Rakesh Singh Chandal And Others), arising out of Case Crime No.0143/2024 under Sections 147, 323, 308, 341, 504, 506, 336 IPC & Section-3(2) (va) SC/ST Act, Police Station- Chaubepur, District- Kanpur Nagar, pending in the Court of Additional Sessions Judge Court No.2/Special Judge, SC/ST (P.A.) Act, Kanpur Dehat. 3. After due deliberation at length, learned counsel for the applicant has chosen not to press the instant application on merits. However, he has urged for interim protection to the present applicant so that he may appear before the court below and participate in the court proceedings. It is submitted that present applicant is ready and willing to appear before the court below to cooperate in the trial. He has never intended to ignore the court proceedings. As such, some protection may be granted. 4. Learned A.G.A. has no objection in case protection is granted to the present applicant to enable him to appear before the court below to participate in the court proceedings. 5. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction that in case present applicant appears/surrenders and move bail application before the court below within a period of three weeks from today, same shall be considered and decided in accordance with law expeditiously, 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 applicant in aforesaid criminal case. 7. As per observation made above, instant application is disposed off. Order Date :- 19.8.2025/vkg Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad