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2025 DAILYLAW 56549 (ALL)

BABBU NAI AND 10 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/17340/2025 · 2025-07-27

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:124329 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 17340 of 2025 Applicant :- Babbu Nai And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- Ashish Pandey,G.A. Hon'ble Dinesh Pathak,J. 1. Learned AGA has filed a copy of the compliance affidavit today in the Court, which is taken on record. Office is directed to proceed accordingly. 2. As per compliance affidavit, notice is served upon opposite party No. 2. 3. Heard learned counsel for the applicants, learned counsel for opposite party no.2 and the learned A.G.A. for the State- respondent. 4. The applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the order dated 18.04.2025 passed by learned Additional & Sessions Judge/Special Judge S.C./S.T. Act, Baghpat as well as entire criminal proceedings of Complaint Case No.31 of 2024 (Varsha Vs. Babbo Nai and others under Sections 333, 115(2), 352, 351(1), 76 I.P.C. and Section 3(1) Dha of S.C./S.T. (P.A.) Act, Police Station Singhawali, District Baghpat, pending in the Court of Additional Sessions Judge Second/Special S.C./S.T. Act, Baghpat. 5. Perusal of summoning order dated 18.04.2025 evences that despite opportunity accorded to the present applicants (accused), no written objection has been filed. Learned counsel for the opposite parties before the court below has advanced oral submission. The allegations as made in the complaint support by the affidavit, have not been denied by counter affidavit. 7. 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. 8. Learned A.G.A. 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. 9. 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 applicant, 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, preferable, within a period of three weeks thereafter. 10. 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 application. 11. 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. 12. As such, instant application is finally disposed of. Order Date :- 28.7.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad