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2025 DAILYLAW 51240 (ALL)

HARENDRA SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/15198/2025 · 2025-07-16

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116064 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15198 of 2025 Applicant :- Harendra Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avdhesh Narayan Tiwari,Satya Dheer Singh Jadaun Counsel for Opposite Party :- Deepak Dubey,G.A.,Kamal Singh Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicants, learned counsel for the respondent no. 2, learned A.G.A. for the State-respondent and perused the record. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the entire proceeding of Complaint Case No. 96 of 2024 (SST No. 06 of 2025) pending before the Special Judge (SC/ST Act), Jalaun, under Sections 115(2), 118(1), 352, 351(2), 309(4) BNS and Section 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Ait, District Jalaun and summoning order dated 13.02.2025. 3. At the outset, learned counsel for the applicants submits that applicant nos. 1 and 4 are already arrested. Therefore, he is pressing the instant application only on behalf of the applicant nos. 2 and 3. As per oral request, instant application is rejected against the applicant nos. 1 and 4, and entertained only on behalf of applicant nos. 2 and 3. 4. As per complaint case, on the date of occurrence of offence dated 29.10.2024 at about 10:30 A.M., while complainant was going to Konch, accused (applicants herein) came in a four wheeler and intercepted the complainant. They beaten him up and hurled caste related abusive language. They robbed Rs. 3750/- and caused grievous injury with knife. 5. 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. 6. 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. 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 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. 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. 9. As such, instant application is finally disposed of. Order Date :- 17.7.2025 Aiman Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad