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2025 DAILYLAW 95780 (ALL)

CHANDRAPATIYA @ SHREMATIYA @ KALPATIYA v. STATE OF U.P. AND ANOTHER

NA528/35829/2025 · 2025-09-16

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35829 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State respondent. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 of B.N.S.S. for quashing the N.B.W. order dated 31.07.2025 passed by learned Special Judge SC/ST Act, Mau, in Criminal Case No. 194 of 2018 (State Vs. Maha Pratap and Others), arising out of Case Crime No. 159 of 2006, under Sections 452, 323, 504, 506, 354 I.P.C. and 3(1)XI SC/ST Act, Police Station- Chiraiyakot, District Mau. 3. It is submitted that, previously, present applicant was enlarged on bail; however, at later stage, due to her personal difficulties, she could not appear before the court below in time which led to issuance of non- bailable warrant against her. It is submitted that present applicant is ready and willing to appear before the court below to cooperate in the trial. She has never intended to avoid the court proceedings, as such, interim protection may be granted so that she may appear before the court below and participate in the court proceedings. 4. Learned A.G.A. has no objection in case protection is granted to the present applicant to enable her to appear before the court below to participate in the court proceedings. 5. In this conspectus, as above, no useful purpose would be served to Versus Counsel for Applicant(s) : Gyanendra Prakash Srivastava, Raj Deepak Singh Counsel for Opposite Party(s) : G.A. Chandrapatiya @ Shrematiya @ Kalpatiya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 in case present applicant appears/surrenders 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. 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 in aforesaid criminal case. 7. As per observation made above, instant application is disposed of. September 17, 2025 Sumit K. NA528 No. 35829 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad