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2025 DAILYLAW 97154 (ALL)

JAVED AND 11 OTHERS v. State of U.P. AND ANOTHER

A482/31752/2024 · 2025-03-17

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38495 Court No. - 74 Case :- APPLICATION U/S 482 No. - 31752 of 2024 Applicant :- Javed And 11 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar,Sunil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 29.12.2019 and cognizance order dated 04.04.2024 in Criminal Case No.5849 of 2020 arising out of Case Crime No.0387 of 2019, under sections 147, 148, 149, 323, 504, 506, 353, 332, 337, 307 I.P.C. and section 7 of Criminal Law Amendment Act, P.S. Kotwali Padrauna, District Kushinagar, pending in the court of learned Chief Judicial Magistrate, Kushinagar as well as to quash the entire proceedings of abovementioned criminal case. 3. At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicants surrender before it and apply for bail, their bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for the respondents have no objection. 4. In view of the aforesaid, the instant application under section 482 Cr.P.C. is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of one month from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law. 5. However, it is made clear that till one month from today, no coercive action shall be taken against the applicants herein. Order Date :- 18.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad