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2025 DAILYLAW 90552 (ALL)

RAMASHANKAR v. STATE OF U.P. AND ANOTHER

NA528/33795/2025 · 2025-09-11

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33795 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Mr. Prabhakar Dwivedi holding brief of Sri Santosh Kumar Shukla, learned counsel for the applicant, Shri B.P. Maurya, learned AGA for the State and perused the record. 2. Instant application has been filed with the prayer to quash the order dated 6.12.2023 passed by Additional Chief Judicial Magistrate, Court No. 10 Allahabad in Case No. 1318 of 2004 arising out of Case Crime No. 69 of 1997 under section 406 IPC, P.S. Meja, District Allahabad and also quash the consequential order passed in pursuance of the order dated 6.12.2023. It is also prayed to stay the further proceeding of aforesaid case during pendency of present application. 3.After some argument, learned counsel for the applicant has made a statement at the bar that he does not want to press the prayers made in the prayer clause and has confined his prayer only to the relief that the applicant is ready to surrender before the learned trial court and in case, applicant file an application for cancellation of NBW/grant of bail, his application be considered and disposed of in accordance with law. 4. Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits, he has no objection. 5. In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicant shall Versus Counsel for Applicant(s) : Abhinav Mishra, Santosh Kumar Shukla Counsel for Opposite Party(s) : G.A. Ramashankar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) surrender before the concerned court within four weeks from today and in case he applies for bail/cancellation for NBW, the same shall be disposed of expeditiously by the learned trial court in accordance with law 6. For the period of four weeks from today or till the time of surrender of the applicant before the learned trial court, whichever is earlier, no coercive action shall be taken against him. 7. With the above observations and directions, this application is disposed of. September 12, 2025 SY NA528 No. 33795 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad