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2025 DAILYLAW 8803 (ALL)

AKRAM ALIAS NANHE AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

A482/2431/2025 · 2025-07-14

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113956 Court No. - 73 Case :- APPLICATION U/S 482 No. - 2431 of 2025 Applicant :- Akram Alias Nanhe And 2 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd Ismail Khan,Shiv Sagar Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicants as well as learned AGA and perused the record. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the entire criminal proceedings in Session Case No. 1031 of 2023 (State Versus Akram Alias Nanhe), arising out Case Crime No. 439 of 2021, under Sections 452, 504, 506, 354B I.P.C. and Section 7/8 of POCSO Act, Police Station-Tarya Sujan, District-Kushinagar, pending in the court of Special Judge, POCSO Act, Court No. 1, Kushinagar at Padrauna. 3. In the present scenario, since applicant no. 1 has already been arrested, the counsel for the applicants does not want to press the instant application on behalf of applicant no. 1 and wants to press the same only on behalf of applicant nos. 2 and 3. 4. As orally prayed by learned counsel for the applicants, the instant application is treated to be filed only on behalf of respondent nos. 2 and 3. 5. After due deliberations at length, learned counsel for the applicants chose not to press the instant application on merits. However, he has urged for interim protection to applicant nos. 2 and 3 so that they may appear before the court below and participate in the court proceedings. It is submitted that applicant nos. 2 and 3 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. 6. Learned A.G.A. has no objection in case protection is granted to applicant nos. 2 and 3 to enable them to appear before the court below to participate in the court proceedings. 7. 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 applicant nos. 2 and 3 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. 8. For a period of six weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against applicant nos. 2 and 3 in aforesaid criminal case. Order Date :- 15.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad