Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:120237
Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 19050 of 2025 Applicant :- Rajesh Gond Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amrish Tiwari Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard Shri Amrish Tiwari, learned counsel for the applicant and learned A.G.A. for the State. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 of B.N.S.S. for quashing the cognizance/ summoning order dated 05.12.2024 along with charge-sheet dated 20.08.2024 and the entire proceeding of Case No. 25696/2024 (State v. Rajesh Gond), arising out of Case Crime No. 164 of 2024, u/s 323, 504, 506, 308 of I.P.C. Police Station- Bansdih Road, District- Ballia, pending in the court of Civil Judge (Sr. Div.), FTC, Ballia. 3. After due deliberation at length, learned counsel for the applicant chose not to press the instant application on merits. However, he has urged for interim protection to the present applicant so that he may appear before the court below and participate in the court proceedings. It is submitted that present applicant is ready and willing to appear before the court below to cooperate in the trial. He has 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 applicant to enable him 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 applicant appears/surrenders and moves 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 applicant in aforesaid criminal case. 7. As per observation made above, instant application is disposed of.
Order Date :- 22.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad