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Neutral Citation No. - 2025:AHC:106905 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 19493 of 2025 Applicant :- Moti Lal Vishwakarma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Imtiyaj Ali,Vivek Kumar Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard Sri Imtiyaj Ali, learned counsel for the applicant as well as learned A.G.A. and perused the record.
2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the charge sheet no.24 of 2016 dated 25.04.2016 and cognizance/summoning order dated 29.07.2016 as well as entire proceedings of Session Trial No.103 of 2016 (State Vs. Shankar Lal and others), arising out of Case Crime No.65 of 2016, under Sections 323, 504, 506, 427 and 325 IPC and Section 3(1)(x) of the SC/ST Act, Police Station Mauaima, District Prayagraj.
3. 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.
4. Learned A.G.A. has no objection if protection is granted to the present applicant to enable them to appear before the court below.
5. 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.
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.
7. 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