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2025 DAILYLAW 53751 (ALL)

RAM AUTHAR v. STATE OF U.P. AND ANOTHER

NA528/17606/2025 · 2025-07-23

Dinesh Pathak

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:121704 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 17606 of 2025 Applicant :- Ram Authar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Patel Counsel for Opposite Party :- G.A.,Som Pal Hon'ble Dinesh Pathak,J. 1. Learned A.G.A. has filed copy of compliance affidavit, today in Court, which is taken on record. Office is directed to proceed accordingly. 2. As per the compliance affidavit, notice is personally served upon opposite party No. 2, who is represented through counsel. 3. Heard Shri Manoj Kumar Patel, learned counsel for the applicant, Shri Som Pal, learned counsel for the O.P. No.2 as well as learned A.G.A. for the State-respondent. 4. The applicant has invoked the inherent jurisdiction of this Court under Section 528 of B.N.S.S. for quashing the charge sheet dated 24.01.2025 as well as cognizance order dated 24.02.2025 passed by Special Judge S.C./S.T. Act, Pilibhit submitted against the applicant under Sections 115(2), 352, 351(2), 118(1) of B.N.S. and Section 3(1)Da, 3(1)Dha, 3(2)VA SC/ST Act, Police Station- Bisalpur, District- Pilibhit, in Session Trial No. 285 of 2025 (State Vs Ram Autar and others), arising out of Case Crime No. 0570 of 2024, and stay the entire criminal proceedings against the applicant in the said case. 5. As per F.I.R. version, on the date of occurrence of offence i.e. 19.11.2024 while the first informant along with her husband coming from her field, she has been ambushed by the accused who were already lying in wait and beaten her up. The accused hurled caste related abusive language as well. 6. After due deliberations at length, learned counsel for the applicant chose not to press the instant application on merits. However, he has urged for interim protection to the present applicant so that he may appear before the court below and participate in the court proceedings. It is submitted that present applicant is ready and willing to appear before the court below to cooperate in the trial. He has never intended to ignore the court proceedings. As such, some protection may be granted. 7. Learned A.G.A. has no objection in case protection is granted to the present applicant to enable him to appear before the court below to participate in the court proceedings. 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 in case present applicant appears/surrenders 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. 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 applicant in aforesaid criminal case. 10. 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