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2025 DAILYLAW 51112 (ALL)

KOMAL SINGH YADAV v. STATE OF U.P. AND ANOTHER

NA528/16560/2025 · 2025-07-20

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:118651 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16560 of 2025 Applicant :- Komal Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Singh,Km Astha Counsel for Opposite Party :- G.A.,Manoj Kumar,Vinay Kumar Hon'ble Dinesh Pathak,J. 1. List revised. 2. Learned AGA has filed compliance affidavit today, which is taken on record. 3. As per compliance affidavit, notice is served upon respondent No. 2 through his brother, who is represented through counsel. 4. Heard learned counsel for the applicants, learned counsel for the complainant (Opposite Party No. 2) as well as learned A.G.A. representing State-opposite party No. 1 and perused the record on Board. 5. The applicant has invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the charge-sheet dated 20.09.2017 and and cognizance order dated 09.11.2017 as well as B.W. dated 26.07.2023 passed by learned Special Judge /SC/ST Act, Auraiya and the entire criminal proceedings of Special Case No. 151 of 2017 (State Versus Komal Singh Yadav), Case Crime No. 326 of 2017, under Section 420 I.P.C. and 3 (2) (v) Ka SC/ST Act, Police Station Dibiyapur, District Auraiya, pending in the court of learned Special Judge/SC/ST Act, Auraiya. 6. 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. 7. Learned AGA 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. 8. 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, preferably, within a period of three weeks thereafter. 9. 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. 10. 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. 11. As such, instant application is finally disposed of. Order Date :- 21.7.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad