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2025 DAILYLAW 87807 (ALL)

VIRESH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/31013/2025 · 2025-08-21

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145437 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 31013 of 2025 Applicant :- Viresh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State respondent. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the order dated 04.08.2025, passed by learned Sessions Judge, Etah in Session Trial No.215 of 2013 (State vs. Lallu Singh and others) arising out of Case Crime No.16 of 2013, under Sections 147, 148, 149, 302, 504, 34 I.P.C., Police Station - Rijor, District Etah, whereby non-bailable warrant has been issued against the applicants. 3. Record evinces that learned Sessions Judge has rejected the adjournment application moved on behalf of the present applicants and issued non- bailable warrant on the ground that the argument on behalf of prosecution is completed, however, since 07.12.2016, while the statement under Section 313 Cr.P.C. recorded, adjournment is being sought for at the behest of accused applicants. 4. After due deliberations at length, learned counsel for the applicants has chosen not to press the instant application on merits. However, he has urged for interim protection to the present applicants so that they may appear before the court below and participate in the court proceedings. It is submitted that present applicants are ready and willing to appear before the court below to cooperate in the trial. They have never intended to ignore the court proceedings. As such, some protection may be granted. 5. Learned A.G.A. has no objection in case protection is granted to the present applicants to enable them to appear before the court below to participate in the court proceedings. 6. 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 off 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 applicants appear/surrender 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. 7. 7. 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 in aforesaid criminal case. 8. As per observation made above, instant application is disposed off. Order Date :- 22.8.2025 Ashok Kr. NA528 No. 31013 of 2025 2 Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad