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2025 DAILYLAW 87811 (ALL)

CHANDAN BHARATI @ SHUBHAM KUMAR v. STATE OF U.P. AND ANOTHER

NA528/31097/2025 · 2025-09-03

Dinesh Pathak

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31097 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard learned counsel for the applicant, learned A.G.A. representing State-opposite party No. 1 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 criminal proceedings including the summoning order dated 3.10.2020 and charge sheet dated 18.6.2020 in Case No. 2233 of 2020 (State Vs. Chandan Bharati @ Shubham Kumar), arising out of Case Crime No. 75 of 2020, under Sections 174A IPC, Police Station Sikandarpur, District Ballia, pending in the court of Chief Judicial Magistrate, Ballia. 3. FIR has been lodged against the present applicant with an allegation that despite the order dated 5.3.2020 passed by the court competent, the present applicant is not putting in appearance before the authority concerned in Case Crime No. 218 of 2019, under Sections 363 and 366 IPC. 4. After due deliberations at length, learned counsel for the applicant has submitted that he is not pursuing the instant application on merits. He has further submitted that the present applicant is willing and ready to co-operate with the courts below and participate in the court proceedings provided some interim protection may be granted to them. It is next submitted that the present applicant has never intended to ignore the court proceedings. 5. Learned AGA has no objection if interim protection is granted to the Versus Counsel for Applicant(s) : Abhijeet Kumar Pandey, Anand Kumar Pandey Counsel for Opposite Party(s) : G.A. Chandan Bharati @ Shubham Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) present applicant to enable him to appear before the court below. 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 of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction that the present applicant, in case, appears/surrenders and move a 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 concerned in accordance with law as per instructions of Hon'ble Supreme Court expeditiously, preferably, within a period of three weeks thereafter. 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 applicant. 8. As such, instant application is finally disposed of. September 4, 2025 vinay NA528 No. 31097 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad