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2025 DAILYLAW 87982 (ALL)

BABUJAN ALIAS ZAHID AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/27162/2024 · 2025-03-20

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41455 Court No. - 74 Case :- APPLICATION U/S 482 No. - 27162 of 2024 Applicant :- Babujan Alias Zahid And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under section 482 Cr.P.C. has been preferred to quash the charge-sheet no.232 of 2021 dated 14.12.2021 and cognizance/summoning order dated 19.01.2023 and the entire proceedings of Case No.921 of 2023 (State vs. Babujan and Others) arising out of Case Crime No.230 of 2021, under sections 353, 504, 427, 186 I.P.C. and section 3 Prevention of Damages to Public Property Act, 1984, P.S. Sikandarpur, District Ballia, pending in the court of learned Chief Judicial Magistrate, Ballia as well as to stay the further proceedings of abovementioned case. 3. At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicants surrender before it and apply for bail, their bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for the respondents have no objection. 4. In view of the aforesaid, the instant application under section 482 Cr.P.C. is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of one month from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law. 5. However, it is made clear that till one month from today, no coercive action shall be taken against the applicants herein. Order Date :- 21.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad