Allahabad High Court
Dilnawaz vs State Of U.P. And Another on 12 November, 2024
Author: Dinesh Pathak
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:177638 Court No. - 76 Case :- APPLICATION U/S 482 No. - 38214 of 2024 Applicant :- Dilnawaz Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Shukla Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the N.B.W. dated 26.09.2024 passed by Civil Judge (J.D./ Judicial Magistrate, Hapur in Case No. 742 of 2021 (State Vs. Khalil and others) arising out of Case Crime No. 195 of 2020, under Sections 323, 324, 325, 308, 452, 504, 506, 427 I.P.C. Police Station- Dhaulana, District- Hapur.
3. After due deliberation at length, learned counsel for the applicant chose not to press the instant application on merits. However, he has urged for interim protection to the present applicant so that he may appear before the court below and participate in the court proceedings. It is submitted that present applicant is ready and willing to appear before the court below to cooperate in the trial. He has never intended to ignore the court proceedings. As such, some protection may be granted.
4. Learned A.G.A. has no objection in case protection is granted to the present applicant to enable him 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 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.
Order Date :- 12.11.2024 Sumit K./Rama Kant