SADANAND YADAV AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/19484/2025 · 2025-08-11
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62103 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62103 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:137272 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 19484 of 2025 Applicant :- Sadanand Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aishwarya Pratap Shahi,Ayushi,Parijat Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Learned A.G.A. has filed copy of compliance affidavit, today in Court, which is taken on record. Office is directed to proceed accordingly. 2. As per the compliance affidavit, notice is personally served upon opposite party No. 2. However, despite service of notice, no one has put in appearance on his behalf. 3. Heard learned counsel for the applicants as well as learned A.G.A. for the State-respondent. 4. Applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the the impugned charge sheet dated 10.12.2024 and the Cognizance and Summoning order dated 29.01.2025 passed by the learned Special Judge (S.C./S.T.) Act, Sant Kabir Nagar, as well as entire proceedings of Sessions Trial No.70/2025 (State Vs. Ramakant Yadav and others) arising out of Case Crime No.781 of 2024, under sections 191(2), 115(2), 352, 117(2), 351(3), 324(2) of BNS and sections 3(1) (द), 3(1)(ध) & 3(1)(va) SC/ST Act, Police Station Khalilabad, District- Sant Kabir Nagar, pending in the Court of learned Special Judge (S.C./S.T.) Act, Sant Kabir Nagar. 5. As per F.I.R. version, on the date of occurrence of offence i.e. 12.10.2024, while the first informant, along with his brother and other residents of the area, was going for idol immersion, at about 9.00 PM, all the accused, named in the F.I.R. and some unknown persons, uttered caste-based slur and assaulted to the first informant and others, causing grievous injuries. Medical reports of Saurabh, Amit Pandey, Shubham, Lakhi Singh and Mithun Singh have collectively been filed as Annexure No.4 to the application. As per X-ray report, fracture line is seen at mid part of left ulna and the left thumb. 6. After due deliberation at length, learned counsel for the applicants has chosen not to press the instant application on merits. However, he has urged for interim protection to the present applicants so that they may appear before the court below and participate in the court proceedings. It is submitted that present applicants are ready and willing to appear before the court below to cooperate in the trial.
They have never intended to ignore the court proceedings. As such, some protection may be granted. 7. 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. 8. 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. 9. 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. 10. As per observation made above, instant application is
disposed of.
Order Date :- 12.8.2025 Sumit K. Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad