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Neutral Citation No. - 2025:AHC:143899 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 5161 of 2025 Applicant :- Subhash And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 of B.N.S.S. for quashing he entire proceedings of Case No. 1051 of 2024 (State Vs. Dinesh & Others), under Sections 147, 149, 323, 504, 506, 325 I.P.C. Police Station- Bahadurgarh, District- Hapur, arising out of Case Crime No. 32 of 2024 pending in the court of Ld. Additional Civil Judge (J.D.)/Judicial Magistrate Garhmukteshwar, Hapur including Charge Sheet No. 79 of 2024 dated 09.06.2024 as well as cognizance/summoning order dated 23.09.2024, passed by Ld. Additional Civil Judge (J.D.)/Judicial Magistrate Garhmukteshwar, Hapur.
3. As per F.I.R. version, police personnel has lodged an F.I.R. owing to fracas took place between two parties on 14.02.2025/15.02.2025, inculpating members of both the groups.
Learned counsel for the applicants has submitted that an application u/s 156(3) has been filed at the behest of present applicants with regard to the incident in question and based on the
order passed in the complaint, the F.I.R. has been lodged. However, final report has been submitted. Against the said final report, a protest petition has been filed, which is still pending
consideration. Learned A.G.A. has contended that incident in question is admitted to the applicants which is evident from the F.I.R. lodged after allowing of application u/s 156(3) moved on behalf of applicant no.1.
4. After due deliberation at length, learned counsel for the applicants has chosen not to press the instant application on merits. However, he has urged for interim protection to the present applicants so that he 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.
5. Learned A.G.A. has no objection in case protection is granted to the present applicants to enable him to appear before the court below to participate in the court proceedings.
6. 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 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.
7. 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.
8. As per observation made above, instant application is disposed of.
Order Date :- 21.8.2025 Sumit K. Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad