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Neutral Citation No. - 2025:AHC:86782 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 10425 of 2025 Applicant :- Adnan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sheo Prasad Yadav,Shri Niwash Yadav Counsel for Opposite Party :- G.A.,Ram Sakal Yadav Hon'ble Mrs. Manju Rani Chauhan,J.
1. Supplementary affidavit filed today is taken on record. 2. Heard counsel for the applicants, counsel for opposite party no.2, learned A.G.A. for the State and perused the record. 3. This application under Section 528 BNSS has been filed by the applicants with a prayer to quash the entire proceedings of Special Sessions Case No.79 of 2024 (State Vs. Adnan and others), arising out of Case Crime No.329 of 2022, under Sections 323, 34, 504, 452 I.P.C. and Section 3(1)Da, 3(1)Dha and 3(2)5ka of SC/ST Act, Police Station - Ahraula, District - Azamgarh as well as charge-sheet dated 14.10.2022 and cognizance/summoning order dated 29.02.2024, pending in the Court of Special Judge (SC/ST Act), Azamgarh. 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 said averment has been made in paragraph 3 of the supplementary affidavit. 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 A.G.A. for the State and counsel for opposite party no.2 submit 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 from today. 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 by the court below along with the surrender application, on the date fixed, in accordance with law. 8. For a period of three 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 of. Order Date :- 22.5.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad