MOHAN LAL BARANWAL ALIAS MOHAN SAW AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/12903/2025 · 2025-06-30
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41026 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41026 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:101397 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 12903 of 2025 Applicant :- Mohan Lal Baranwal Alias Mohan Saw And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suraj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Learned A.G.A. has filed compliance affidavit today in the court, which is taken on record. Office is directed to proceed accordingly.
2. Sri Brijesh Yadav, Advocate, has put in appearance on behalf of respondent no. 2.
3. Heard learned counsel for the applicants, Sri Brijesh Yadav,
learned counsel for the respondent no. 2 and learned A.G.A. for the State-respondent and perused the record on Board.
4. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceedings as well as summoning order dated 10.01.2025 passed in Complaint Case No. 204 of 2023 (Kanhaiya Lal Vs. Mohan Saw and Another), under Sections 323, 504, 506 I.P.C. and Section 3(1) (Da), (1)(Dha) of S.C./S.T. Act (Prevention of Atrocities Act), police station-Cholapur, District-Varanasi pending in the Court of Special Judge (S.C./S.T. Act), Varanasi.
5. After due deliberation at length, learned counsel for the applicants chose not to press the instant application on merits. However, he has urged for interim protection to the present applicants so that that they 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.
6. Learned A.G.A. has no objection in case protection is granted to the present applicants to enable them to appear before the court below to participate in the court proceedings.
7. 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.
8. 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 case.
Order Date :- 1.7.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad