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2025 DAILYLAW 97451 (ALL)

SAHADUR YADAV AND 2 OTHERS v. State of UP AND ANOTHER

A482/31384/2024 · 2025-03-17

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38533 Court No. - 74 Case :- APPLICATION U/S 482 No. - 31384 of 2024 Applicant :- Sahadur Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Yadav 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 23.12.2015 and cognizance/summoning order dated 26.05.2016 passed by learned Additional Chief Judicial Magistrate-IV, Varanasi as well as to quash the entire proceedings of Case No.1540 of 2016 [State vs. Ramchandra Yadav (since deceased) and Others] arising out of Case Crime No.417 of 2015, under section 353 I.P.C. and sections 2/3 Prevention of Damages to Public Property Act, 1984, P.S. Badagaon, District Varanasi. 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