Neutral Citation No. - 2025:AHC:127869 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11415 of 2025 Applicant :- Rakesh Kumar Alias Rakesh Katiyar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Choudhary Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard Shri Sunil Choudhary, 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 proceedings including charge-sheet dated 07.08.2024 and cognizance order dated 16.11.2024 in Session Case No.33252 of 2024 (State vs. Ram Chandra & Another), arising out of Case Crime No.18 of 2023 under Sections 420, 467, 468, 471, 504, 506, 120-B I.P.C., Police Station Rajpur, District Kanpur Dehat pending before the C.J.M., Kanpur Dehat. 3. It is submitted that an F.I.R. has been lodged pertaining to financial embezzlement in allotment of house under the scheme of Pradhanmantri Awas Yojna (P.M.A.Y.) 2018-19. Although the present applicant was not named in the F.I.R., at subsequent stage during investigation, his name surfaced and he was arraigned in the charge-sheet, who, at the relevant time, was posted as Gram Panchayat Secretary. In the charge-sheet, allegation has been levelled against the present applicant that he was instrumental in embezzlement of money while the allotment of house under the P.M.A.Y. 4. 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. 5. Learned A.G.A. has no objection if protection is granted to the present applicant to enable him to appear before the court below. 6. 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 three 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 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 applicant. 8. With the aforesaid observation/direction, instant application is finally disposed of. Order Date :- 31.7.2025 VR Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad