Neutral Citation No. - 2025:AHC:84755 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5842 of 2025 Applicant :- Ramesh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Dubey,Ram Milan Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Supplementary affidavit on behalf of the applicants file today in the Court is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State. 3. This application U/S 528 BNSS has been filed by the applicants with the prayer to quash the summoning order dated 26.02.2024 as well as entire proceedings of Special Case No. 151 of 2023 (Ram Minal Vs. Ramesh and Ors.), under Sections 452, 323, 504, 506 I.P.C., Police Station Atarra, District Banda, pending in the court of learned Special Jude (D.A.A. Act)/ Additional Sessions Judge, Banda. 4. At the very outset, learned counsel for the applicants gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The aforesaid prayer has been made in the supplementary affidavit filed today. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail application/surrender application of the applicants expeditiously. 5. Learned learned A.G.A. for the State submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, they have no objection in granting protection to them for a short period. 6. In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall file a surrender application before the concerned Court below within three weeks. On receiving the surrender application, the Court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicants and for hearing the applicants on surrender application. 7. On the date fixed by the Court concerned, the applicants will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such bail application is filed, the same shall be considered and decided by the Court below along with the surrender application, on the date fixed, in accordance with law, after hearing the informant/opposite party no.2, keeping in view the guidelines as laid down by the Hon'ble Apex Court. 8. For the period of four weeks from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 9. With the above observations and directions, this application under Section 528 BNSS is disposed off. Order Date :- 20.5.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad