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2025 DAILYLAW 43831 (ALL)

DEVENDRA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/13987/2025 · 2025-07-08

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109091 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13987 of 2025 Applicant :- Devendra And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Kumar Mishra Counsel for Opposite Party :- Darwari Lal,G.A. Hon'ble Dinesh Pathak,J. 1. Learned counsel for the applicants has filed supplementary affidavit, today in Court, which is taken on record. Office is directed to proceed accordingly. 2. Heard learned counsel for the applicants, learned counsel for the opposite party No.2 as well as learned A.G.A. for the State. 3. Applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the impugned order dated 10.01.2024 passed by in the court of Special Judge SC/ST Act Bareilly, District- Bareilly passed in Complaint Case No. 136/2023, under Sections 147, 148, 452, 376D, 504, 506 I.P.C & 3(1)D,Dha and 3(2)(V) SC/ST Act, Police Station- Faridpur, District- Bareilly. 4. As per complaint case, on the date of occurrence of offence dated 02.07.2023, while the husband of the O.P. No.2 was not present at home, the accused persons barged into the house of the first informant and subjected her to forceful sexual assault. 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 they may appear before the court below and participate in the court proceedings. It is submitted that present applicants 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 enabling 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 criminal case. 9. As per observation made above, instant application is finally disposed of. Order Date :- 9.7.2025 Sumit K. Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad