BARMESHWAR GIRI AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/19901/2025 · 2025-07-06
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63439 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63439 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:105497 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 19901 of 2025 Applicant :- Barmeshwar Giri And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Giri,Surendra Kumar Counsel for Opposite Party :- G.A.,Manoj Yadav Hon'ble Dinesh Pathak,J.
1. Heard Sri Ajay Kumar Giri, learned counsel for the applicants, Sri Manoj Yadav, learned counsel for the respondent as well as learned AGA and perused the record. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding as well as charge sheet dated 08.10.2024 and cognizance/summoning order in Case No. 1573 of 2024 arising out of Case Crime no. 0268 of 2024 under Sections 504, 506 IPC and 3(1), (Da), 3(1) (Dha) and 3 (2)(Va) SC/ST Act, Police Station- Phephna, District- Ballia, pending in the Court of Additional Session Judge / Special Judge (S.C./S.T. Act), Ballia. 3. After due deliberation at length, learned counsel for the applicants chose 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. 4. 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. 5. 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. 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 applicants in aforesaid criminal case.
Order Date :- 7.7.2025/vkg Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad