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2025 DAILYLAW 61381 (ALL)

BHARAT LAL PATEL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/18214/2025 · 2025-07-23

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121261 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 18214 of 2025 Applicant :- Bharat Lal Patel And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhaiya Ram Maurya,Mohd. Altaf Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicants, learned AGA and perused the record. 2. As per compliance affidavit filed by the learned A.G.A. notice is personally served upon the son of the complainant (respondent no.2). It is further stated in the affidavit that the son has informed that his father, namely, Kamlesh Pasi is no more. 3. The applicant has invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding of S.T. No. 1478 of 2023 (State Vs. Bharat Lal and others), arising out of Complaint Case No. 23 of 2017 (Kamlesh Pasi Vs. Bharat Lal Patel and others) under Sections 323, 504, 506, 427, 429 I.P.C. and 3(1)(S), 3(2)(V)-a S.C./S.T. Act, Police Station- Nawabganj, District- Allahabad, pending before the court of Additional District Judge, 15, Allahabad 4. After due deliberation at length, in view of the death of respondent no.2 (complainant), learned counsel for the applicants submits that he is not pressing the instant application against the summoning order at this stage. However, he has urged for interim protection to the present applicants so that they may appear before the court below and move an appropriate application on account of death of complainant (respondent No.2). 5. 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 and move appropriate application. 6. 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. 7. 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 in aforesaid criminal case. 8. As per observation made above, instant application is disposed of. Order Date :- 24.7.2025/vkg Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad