Neutral Citation No. - 2025:AHC:133597 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 19253 of 2025 Applicant :- Faizal And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Narayan Counsel for Opposite Party :- Amitesh Kumar Srivastava,G.A. Hon'ble Dinesh Pathak,J. 1. Heard Shri Raj Narayan, learned counsel for the applicants, Shri Amitesh Kumar Srivastava, learned counsel for respondent no.2 as well as learned A.G.A. 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 including impugned quash the Non bailable warrant dated 19.12.2019 as well as proceeding under section 82 Cr.P.C dated 8.5.2025 in Sessions Trial No.155 of 2016 (State Vs. Faizal & Others), arising out of Case Crime No.0174 of 2016 under Sections 147, 148, 323, 504, 506 I.P.C. and 3(1) (X) S.C./S.T. Act, Police Station Nawabganj, District Allahabad, pending before Special judge SC/ ST Act, Allahabad. 3. Record evince that with respect to the incident in question dated 10.05.2016, both the parties have lodged cross F.I.R. against each other. Initially, the respondent no.2 has lodged an F.I.R. being Case Crime No.0174 of 2016 dated 10.05.2016. Subsequently, applicant no.5-Yusuf has lodged an F.I.R. being Case Crime No.0175 of 2016 dated 10.05.2016. Both the parties have sustained injuries in the incident in question, therefore, prima facie, occurrence of offence dated 10.05.2016 cannot be negated. Learned counsel for the applicants has informed that applicants no.3, 5 and 6, namely, Mohd. Yaseen, Yusuf and Munna have already enlarged on bail, however, non-bailable warrant exists against applicants no.1, 2 and 4, namely, Faizal, Aftab and Arshad. 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 no.1, 2 and 4 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 applicants no.1, 2 and 4 have never intended to ignore the court proceedings. 5. Learned A.G.A. has no objection if protection is granted to the applicants no.1, 2 and 4 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 applicants no.1, 2 and 4 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 applicants no.1, 2 and 4. 8. With the aforesaid observation/direction, instant application is finally disposed of. Order Date :- 7.8.2025 VR Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad