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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39592 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA.
2. The present application has been preferred for seeking quashing of chargesheet dated 04.01.2024 and summoning order dated 12.12.2024 as well as the entire proceedings of Case No.123784 of 2024, arising out of Case Crime No.281 of 2023, under Sections 323, 504, 506, 308 IPC, P.S. Mogarra, District Mathura, pending in the court of learned Additional Civil Judge (J.D.), Court No.2, Mathura.
3. At the very outset, learned counsel for applicant informed that applicant has already extended bail in pursuance to sections 323, 504, 506 IPC, vide order dated 04.12.2023, but not in pursuance to Section 308 IPC, which has been appended after receiving supplementary medico legal examination report, wherein concerned doctor determined that all the injuries were grievous in nature.
4. On perusal of the narration of FIR as well as impugned order and chargesheet, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with chargesheet and entire proceedings of the said case, can be set aside.
5. Accordingly, the prayer sought through the instant application, is refused.
6. Lastly, learned counsel for applicant has submitted that liberty may be granted to applicant to surrender before the court concerned and apply for Versus Counsel for Applicant(s) : Arvind Agrawal Counsel for Opposite Party(s) : G.A. Randhir .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
bail in pursuance to Section 308 IPC, to which learned AGA has no objection.
7. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and apply for bail in pursuance to Section 308 IPC, his bail application shall be considered and decided expeditiously in accordance with law.
8. However, it is made clear that till three weeks from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case. September 18, 2026 Ashish/- NA528 No. 39592 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad