Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 35581 (ALL)

RAB NOOR KASANA v. STATE OF U.P. AND ANOTHER

NA528/10642/2025 · 2025-08-04

Dinesh Pathak

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:131266 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 10642 of 2025 Applicant :- Rab Noor Kasana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabhat Kumar Srivastava,Prakhar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard Shri Prabhat Kumar Srivastava, learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire criminal proceedings as well as summoning order dated 06.07.2024 in Special Session Trial No.1203 of 2024 (State vs. Rohit Baisoya and Others) arising out of Case Crime No.156 of 2024 under Sections 323, 324, 427, 504, 506 I.P.C. and 3(2)(va) S.C./S.T. Act, Police Station Kaushambi, District Ghaziabad pending before learned Special Judge, S.C./S.T. Act, Ghaziabad. 3. After due deliberations at length, learned counsel for the applicant has chosen not to press the instant application on merits, however, he has submitted that the applicant is ready and willing to cooperate with the court below and participate in the court proceedings provided some interim protection may be granted to him. It is next submitted that the present applicant has never intended to ignore the court proceedings. 4. Learned A.G.A. has no objection if protection is granted to the present applicant to enable him to appear before the court below. 5. In this conspectus, as above, no useful purpose would be served to keep the instant application pending and the same is being decided without entering into the merits of the case with a direction that in case the present applicant appears/surrenders and move a bail application before the court below within a period of four weeks from today along with a certified copy of this order, the same shall be considered and decided by the court concerned having considered the dictum of Hon'ble Supreme Court in accordance with law, expeditious, preferably within a period of four weeks thereafter. 6. For a period of eight weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicant. 7. With the aforesaid observation/direction, instant application is finally disposed of. Order Date :- 5.8.2025 VR Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad