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2025 DAILYLAW 57257 (ALL)

PRASHANT KUMAR YADAV AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

NA528/16890/2025 · 2025-07-15

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114539 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16890 of 2025 Applicant :- Prashant Kumar Yadav And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vikas Srivastava Counsel for Opposite Party :- G.A.,Hare Ram Hon'ble Dinesh Pathak,J. 1. Heard Shri Vikas Srivastava, learned counsel for the applicants, Shri Hare Ram, learned counsel for respondent no.3 (first informant) as well as learned A.G.A. for the State-respondents no. 1 & 2 and perused the record. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire proceedings as well as charge-sheet dated 24.08.2024 and cognizance order dated 14.02.2025 in S.T. No.47 of 2025 (State vs. Prashant Yadav & Others) arising out of Case Crime No.22 of 2024 under Sections 147, 364, 323, 504, 506, 395, 325, 342, 201 I.P.C. and 3(2)(va) S.C./S.T. Act, Police Station Durgaganj, District Bhadohi. 3. As per F.I.R. version, on the date of incident dated 21.04.2024 at about 1:30 p.m., while the first informant was parking his tempo at Durgaganj Tiraha, all the accused with the intent of robbery came there and hurled caste related abusive language. They badly beaten up the first informant and his family members inflicting grievous injury. 4. After due deliberations at length, learned counsel for the applicants has submitted that he is not pursuing the instant application on merits. He has submitted that the applicants are ready and willing to cooperate with the court 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. 5. Learned A.G.A. has no objection if protection is granted to the present applicants to enable them to appear before the court below. 6. In this conspectus, as above, no useful purpose would be served to keep the instant application pending, therefore, the same is being decided finally without entering into the merits of the case with a direction that in case the present applicants appear/surrender and move 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 having considered the dictum of Hon'ble Supreme Court in accordance with law, expeditious, 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. 7. With the aforesaid observation/direction, instant application is finally disposed of. Order Date :- 16.7.2025 VR Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad