Neutral Citation No. - 2025:AHC:85870 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 14483 of 2025 Applicant :- Sumit Khatik And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Nadeem Counsel for Opposite Party :- G.A.,Nisha Chouhan,Sanjeev Kumar Trivedi Hon'ble Mrs. Manju Rani Chauhan,J. Affidavit of Compliance filed by learned A.G.A. regarding service of notice upon O.P. No. 2 is taken on record. Heard Sri Mohd. Nadeem, learned counsel for the applicants, Sri Amit Singh Chauhan, learned AGA-I for the State, learned counsel for O.P. No. 2 and perused the record. This application has been filed by the applicants for quashing the charge sheet dated 20.11.2024 and cognizance/ summoning order dated 01.03.2025 passed by Special Judge (SC/ST Act), Kannauj as well as entire proceedings of Session Case No. 123 of 2025, State v. Mahesh and others, under Sections 110, 118(1), 117(2), 115(2), 191(1), 191(2), 352, 351(3) BNS against applicant nos. 1 to 6 and under Sections 110, 118(1), 117(2), 115(2), 191(1), 191(2), 352, 351(3) BNS and 3(1)(da) SC/ST Act against applicant nos. 7 to 10 arising out of Case Crime No. 276 of 2024, Police Station Talgram, District Kannauj, pending in the court of Special Judge (SC/ST Act), Kannauj. Learned counsel for opposite party no. 2 submits that for the same incident dated 20.09.2024, a first information report was also lodged from applicants' side and in the said incident, both sides sustained injuries. He further submits that the alleged accused persons from the side of O.P. No. 2 have already been enlarged on bail, therefore, relief as prayed for in the present application may not be granted to the applicants. At the very outset, learned counsel for the applicants gave up his challenge to the aforesaid prayer and confined his submissions, requesting to grant some protection to the applicants to surrender before the concerned court below. He further submits at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail application/surrender application of the applicants expeditiously. Learned A.G.A. appearing for the State submits that in case the applicants do not press the relief as sought for by them on merits and want to surrender before the concerned court below, State has no objection in granting protection to them for a short period. In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall file a surrender application within three weeks. On receiving the surrender application, the court concerned shall obtain instructions from the Public Prosecutor and fix a date for appearance/surrender of the applicants and for hearing the applicants on surrender application. On the date fixed by the court concerned, the applicants will have liberty to prefer a bail application and a copy of the shall be provided to the Public Prosecutor. In case, any such bail application is filed, the same shall be considered by the court below along with the surrender application, on the date fixed, in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. For the period of three weeks from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicants. In case the applicants do not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicants as required under the law. With the above observations and directions, this application is disposed of. Order Date :- 21.5.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad