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2025 DAILYLAW 94609 (ALL)

PAPPU @ MOHD. ASLAM v. STATE OF U.P. AND ANOTHER

NA528/35237/2025 · 2025-09-14

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35237 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard learned counsel for the applicant, learned A.G.A. representing State-respondent 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 Non-Bailable Warrant order dated 16.5.2016 in Session Trial No. 659 of 2013 (State Versus Brajlal and others), arising out of Case Crime No. 36/1994, under Sections 504, 506 I.P.C. & 3(1)(X) SC/ST Act, Police Station Tharwai, District Prayagraj, pending before the learned Additional District Judge, Court No. 15, Prayagraj. 3. Learned counsel for the applicant states that initially, applicant was enlarged on bail, however, subsequently, due to his personal problem, he could not appear before the court below on the date fixed which led to issuance of non-bailable warrant. 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. 4. Learned AGA has no objection if interim protection is granted to the Versus Counsel for Applicant(s) : Sharangpani Vikramdhar Dwivedi, Vinay Kumar Shukla Counsel for Opposite Party(s) : G.A. Pappu @ Mohd. Aslam .....Applicant(s) State of U.P. and Another .....Opposite Party(s) present applicant to enable him to appear before the court below. 5. 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. 6. 6. 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. 7. As such, instant application is finally disposed of. September 15, 2025 vinay NA528 No. 35237 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad