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Neutral Citation No. - 2025:AHC:106952 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 18579 of 2025 Applicant :- Yaseen Alias Imran Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwanshu Tiwari Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard Sri Ashutosh Shukla, Advocate holding brief of Sri Diwanshu Tiwari, learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the Charge Sheet dated 20.09.2024 and cognizance/summoning order dated 04.04.2025 as well as entire proceedings of Session Case No.173 of 2025 (State Vs. Yaseen @ Imran), arising out of Case Crime No.678 of 2024, under Sections 115, 352, 351(2) of B.N.S., and Section 3(1)Da of SC/ST Act, Police Station Kotwali Kannauj, District Kannauj, pending in the court of Special Judge, SC/ST Act, Kannauj. 3. After due deliberations at length, learned counsel for the applicant has submitted that he is not pursuing the instant application on merits. He has submitted that the applicant is 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 applicant has never intended to ignore the court proceedings. 4. Learned A.G.A. has no objection if protection is granted to the present applicant to enable them to appear before the court below. 5. 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 applicant appears/surrenders 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. 6. 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. 7. With the aforesaid observation/direction, instant application is finally disposed of.
Order Date :- 7.7.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad