Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 17196 (ALL)

RAMRATAN AND 7 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/4748/2025 · 2025-08-12

Dinesh Pathak

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:137951 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 4748 of 2025 Applicant :- Ramratan And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard learned counsel for the applicants as well as learned A.G.A. representing State-opposite party No. 1 and perused the record on Board. 3. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the entire criminal proceeding including the charge sheet dated 22.09.2019 and cognizance order dated 18.11.2024 in Case No. 10348 of 2024 (State Vs. Maan Singh and others), arising out of Case Crime No.118 of 2019, under Sections 147, 323, 504 and 506 I.P.C., Police Station Raksa, District Jhansi, pending before Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No.1, Jhansi. 4. As per FIR version, on the date of occurrence of the offence i.e. 2.7.2019, at about 8.30 am, wife of the first informant has been abused by the accused while she had gone to fetch water from the hand pump. Subsequently, all the accused barged into the house of the first informant with sticks and rods (Lathi and Danda) and badly thrashed the family members of the first informant causing grievous injuries to Murari, Ajay and Narendra Kushwaha. 5. Learned AGA has pointed out that, with respect to the incident in question, cross FIRs have been lodged by both parties against each other. Previously, FIR No. 0117 of 2019 dated 2.7.2019 was lodged by Smt. Sunita (mother of the applicant Nos. 1, 7 and 8); however, subsequently, for the same occurrence of offence, FIR being Case Crime No. 0118 of 2019 dated 2.7.2019 has been lodged by the respondent No. 2. He has contended that in previous FIR, as well, family members of the first informant of said FIR have sustained injuries which is evident from the injury report annexed with the supplementary affidavit filed today as annexure No. 1. 6. After due deliberations at length, learned counsel for the applicants has submitted that he is not pursuing the instant application on merits. He has further submitted that the present applicants are willing and ready to co-operate with the courts below and participate in the court proceedings provided some interim protection may be granted to them. It is next submitted that the present applicants have never intended to ignore the court proceedings. 7. Learned AGA has no objection if interim protection is granted to the present applicants to enable them to appear before the court below. 8. 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 the present applicants, in case, appear/surrender and move a bail application before the court below within a period of three weeks from today along with a certified copy of this order, the same shall be considered and decided by the court concerned in accordance with law expeditiously, preferably, within a period of three weeks thereafter. 9. 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. 10. It is made clear that, in the event, counsel for the parties are abstaining from work, learned court concerned shall decide the bail application after hearing the parties concerned. 11. As such, instant application is finally disposed of. Order Date :- 13.8.2025 vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad