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Neutral Citation No. - 2025:AHC:106849 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 18509 of 2025 Applicant :- Belal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pradeep Chauhan,Shiva Kant Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Learned A.G.A. for the State has filed compliance affidavit today in Court, which is taken on record. 2. Office is directed to proceed accordingly. 3. Heard learned counsel for the applicant, Sri Jagdish Prasad Mishra, learned counsel appears for the opposite party no.2 as well as learned A.G.A. and perused the record. 4. The applicant has invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire proceedings of charge sheet dated 04.09.2021 in Session Trial No.30 of 2022 (State vs. Belal and Others), arising out of Case Crime No.100 of 2021, under Sections 354Kha, 323, 504, 506 IPC and Section 7/8 of POCSO Act and Sections 3(1)D, 3(1)Dha, 3(2)5A, 3(1)b of SC/ST Act, Police Station Pawai, District Azamgarh, pending in the court of Additional Sessions Judge/Special Judge (POCSO Act), Azamgarh. 5. 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. 6. Learned A.G.A. has no objection if protection is granted to the present applicant to enable them to appear before the court below. 7. 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. 8.
8. 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. 9. 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 Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad