MOHAR SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/15261/2025 · 2025-07-23
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52026 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52026 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:121677 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15261 of 2025 Applicant :- Mohar Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saroj Kumar Yadav Counsel for Opposite Party :- Sharad Kumar Singh,G.A. Hon'ble Dinesh Pathak,J.
1. Heard Shri Saroj Kumar Yadav, learned counsel for the applicants, Shri Sharad Kumar Singh, learned counsel for the O.P. No.2 as well as learned A.G.A. for the State-respondent. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 of B.N.S.S. for quashing the entire proceedings arising out of F.I.R. dated 20.05.2024 vide Case Crime No.274 of 2024, Under Sections 323, 504, 506 I.P.C. read with section 3(1) (r) & 3(1)(s) and 3(2)(va) of SC/ST Act, Police Station- Kishni, District- Mainpuri along with Supplementary Charge Sheet No.337A of 2024 dated 17.10.2024, under section Under Section 323, 325, 504, 506 I.P.C. read with section 3(1) (r) & 3(1)(s) and 3(2)(5a) of SC/ST Act, Police Station- Kishni, District- Mainpuri, as well as cognizance/summoning order 27.11.2024 passed by the Court of Special Judge SC/ST Act, Mainpuri, and registered the Criminal Case No.118 of 2024 (State of U.P. Vs. Reetu Yadav @ Jitendra Kumar & others), and stay the further proceeding against the applicants in the said case. 3. As per F.I.R. version, on the date of occurrence of offence i.e. 19.05.2024, all the accused have beaten up the first informant and hurled caste related abusive language at him in an open field. 4. After due deliberations 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 are ready and willing to appear before the court below to cooperate in the trial. They have never intended to ignore the court proceedings. As such, some protection may be granted. 5. Learned A.G.A. has no objection in case protection is granted
to the present applicants to enable them to appear before the court below to participate in the court proceedings. 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 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. 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 in aforesaid criminal case. 8. As per observation made above, instant application is disposed of. Order Date :- 24.7.2025 Sumit K. Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad