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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37113 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J.
1. At the very outset learned counsel for the applicants has prayed for and is permitted to amend the details of the section mentioned in the prayer clause of the instant application, during the course of the day. 2. Heard learned counsel for the applicants and learned AGA for the State- respondent. 3. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding including Session Trial No.495 of 2025 (State vs. Rakesh & others), arising out of Case Crime No.116/2025, under Sections 117(2), 126(2), 191(2), 115(2), 351(2), 352 (2) B.N.S. and 3 (1)(द), 3 (1) (ध), 3 (2) (va) SC/ST Act, Police Station- Baccharayun, District- J.P.Nagar (Amroha), pending in the court of Additional Session Judge/Special Judge(SC/ST Act), Amroha. 4. As per the FIR version, the accused (applicant herein) assaulted the groom's party while they were on their way. When the first informant, father of the bride, arrived at the spot alongwith his brother, the accused uttered caste based slurs against them. 5. After due deliberation at length, learned counsel for the applicants have chosen not to press the instant application on merits. However, he has urged for interim protection to the present applicants so that they may appear before the court below and participate in the court proceedings. It is submitted that present applicants are ready and willing to appear before the court below to cooperate in the trial. They have never intended to ignore the court proceedings. As such, some protection may be granted. Versus Counsel for Applicant(s) : Sandeep Kumar Srivastava Counsel for Opposite Party(s) : G.A. Rakesh And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. Learned A.G.A. has no objection in case protection is granted to the present applicants to enable them to appear before the court below to participate in the court proceedings. 7.
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 off 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 applicants appear/surrender 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. 8. 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 applicants in aforesaid criminal case. 9. As per observation made above, instant application is disposed off. September 24, 2025 vkg NA528 No. 37113 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad