KANHAIYA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/20395/2025 · 2025-07-31
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65704 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65704 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:128873 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 20395 of 2025 Applicant :- Kanhaiya And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Shukla Counsel for Opposite Party :- G.A.,Peeyush Kumar Pathak,Prateeyush Kumar Pathak Hon'ble Dinesh Pathak,J.
1. Heard Shri Ajay Kumar Shukla, learned counsel for the applicants, Shri Prateeyush Kumar Pathak, learned counsel for respondent no.2 as well as learned A.G.A. and perused the record.
2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire proceedings including Summoning Order dated 07.04.2025 in Sessions Case No.866 of 2025 arising out of Case Crime No.29 of 2025 under Sections 76, 115(2), 126(2), 351(3), 352 B.N.S. and Section 3(2)(va) S.C./S.T. Act, Police Station, Madrak, District Aligarh pending before Special Judge, S.C./S.T. Act, Aligarh.
3. After due deliberations at length, learned counsel for the applicants has submitted that he is not pursuing the instant application on merits. He has submitted that the applicants are 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 applicants have never intended to ignore the court proceedings.
4. Learned A.G.A. has no objection if protection is granted to the present applicants 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 applicants appear/surrender 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 applicants.
7. With the aforesaid observation/direction, instant application is finally disposed of. Order Date :- 1.8.2025 VR Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad