VISHAL RAI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/16685/2025 · 2025-07-27
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56688 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56688 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:124814 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16685 of 2025 Applicant :- Vishal Rai And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhaiya Ghanshyam Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. At the very outset learned counsel for the applicants has prayed for and is permitted to correct the year of the case crime number which should be 157 of 2023, during course of the day. 2. Supplementary affidavit filed today in the Court is taken on record. Office is directed to proceed accordingly. 3. Despite service of notice, no one has put in appearance on behalf of respondent no.2. 4. The applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire criminal proceedings including summoning order dated 26.04.2024 in Sessions Case No.647 of 2024, arising out of Case Crime No.157 of 2023 under Sections 323, 504, 506 I.P.C. and 3(1)(r),(s), 3(2) (va) S.C./S.T. Act, Police Station Sukhpura, District Ballia pending before Special Judge, S.C./S.T. Act, Ballia. 5. Medical report (SA-1 of the Supplementary affidavit) evinces that injury no.1 is sutured wound 7 c.m. at middle parietal region inflicted on injured. 6. After due deliberation 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. 7. 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. 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 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. 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 in the aforesaid criminal case. 10. As per observation made above, instant application is
disposed of.
Order Date :- 28.7.2025/vkg Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad