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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34330 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J.
1. Heard Sri Neeraj Srivastava, learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and Sri Saurabh Tripathi, learned counsel appearing for opposite party no. 2. 2. It has been submitted by learned counsel for the applicant that applicant is accused in first information report being Case Crime No. 219 of 2024, under Sections 147, 148, 302, 34, 323, 504, 506 IPC, Police Station - Nehtaur, District - Bijnaur. Without addressing the merits of the case, it has been submitted by learned counsel for the applicant that the matter has been investigated and charge sheet has been filed in the Court of competent jurisdiction where summoning order has also been issued against the applicant from the Court of Chief Judicial Versus Counsel for Applicant(s) : Neeraj Srivastava Counsel for Opposite Party(s): G.A., Shantanu Srivastava Talib .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Magistrate, Bijnor in Criminal Case No. nil of 2024 - State Vs. Anas and others. 3. It has been submitted by learned counsel for the applicant that in order to secure presence of applicant in the trial, NBW and proceedings under Sections 82 and 83 Cr.P.C. have also been taken up by the trial Court. Learned counsel for the applicant after arguing the matter up to some length, submits that he confines his prayer only for suitable direction from this Court so as to enable the applicant to appear before the trial Court and join the trial proceedings. 4. Learned counsel for the opposite parties do not oppose the innocuous prayer made by learned counsel for the applicant. 5. Accordingly, present writ petition is disposed of with liberty to the applicant to appear before the trial Court within next seven days. In case applicant appears before the trial Court within the stipulated time period, and moves appropriate application for surrender, the trial Court shall consider the same and pass necessary orders there upon, in accordance with law. 6. It is provided that for the next seven days from today, no coercive steps shall be taken against applicant in pursuance to summoning order dated 04.12.2024, passed by the Chief Judicial Magistrate, Bijnor in Criminal Case No. nil of 2024 - State Vs.
Anas and others, arising out of NA528 No. 34330 of 2025 2
Case Crime No. 219 of 2024, under Sections 147, 148, 302, 34, 323, 504, 506 IPC, Police Station - Nehtaur, District - Bijnaur, or any other coercive process resorted to secure present of applicant in the said trial. 7. It is further provided that in case applicant does not appear before the trial Court within the time provided by this Court, benefit of this order shall not be available to him. It is further made clear that on applicant's surrender before the trial Court, the trial Court shall be at liberty to pass appropriate orders, in accordance with law. September 17, 2025 A. Verma NA528 No. 34330 of 2025 3 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad