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2025 DAILYLAW 49483 (ALL)

GAYATRI SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/15064/2025 · 2025-07-31

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129186 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15064 of 2025 Applicant :- Gayatri Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Niraj Kumar Singh,Yogesh Kumar Singh Counsel for Opposite Party :- Ashish Kumar Gupta,G.A. Hon'ble Dinesh Pathak,J. 1. Learned counsel for applicants has filed a copy of supplementary affidavit, today in Court, is taken on record. Office is directed to proceed accordingly. 2. Heard Sri Yogesh Kumar Singh, learned counsel for the applicants and Sri Ashish Kumar Gupta, learned counsel for opposite party no.2 and the learned A.G.A. for the State- respondent. 3. The applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the charge sheet dated04.12.2021 and cognizance/summoning order dated 09.02.2022 as well as entire criminal proceedings of Special Session Trial No.158 of 2022 (State Vs. Gayatri Singh) arising out of Case Crime No.71 of 2023, under Sections 323, 504 and 506 I.P.C. and Section 3(1) Da, 3(1)Dha and 3(2)(i) of S.C./S.T. (P.A.) Act, Police Station Chitaipur (Commissionerate Varanasi), District Varanasi, pending in the Court of Special Judge, (SC/ST) Act, Varanasi. 4. After due deliberations at length, learned counsel for the applicants has submitted that he is not pursuing the instant application on merits. He has further submitted that the present applicants are willing and ready to co-operate with the courts below and participate in the court proceedings provided some interim protection may be granted to them. It is next submitted that the present applicants have never intended to ignore the court proceedings. 5. Learned A.G.A. as well as learned counsel for the contesting- opposite party No.2 has no objection if interim protection is granted to the present applicants to enable them to appear before the court below. 6. 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 the present applicants, in case, appear/surrender 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 in accordance with law expeditiously, preferable, 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 applicants. 8. It is made clear that, in the event, counsel for the parties are abstaining from work, learned court concerned shall decide the bail application after hearing the parties concerned. 9. As such, instant application is finally disposed of. Order Date :- 1.8.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad