Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 67074 (ALL)

RAJENDRA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/21202/2025 · 2025-08-10

Dinesh Pathak

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:135262 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 21202 of 2025 Applicant :- Rajendra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard Shri Yogesh Mishra, learned counsel for the applicants as well as learned A.G.A. and perused the record. Despite service of notice, no one has put in appearance on behalf of respondent no.2. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire proceedings including charge-sheet dated 27.03.2025 and cognizance/summoning order dated 22.04.2025 in Sessions Case No.409 of 2025 (State vs. Rajendra & Others) arising out of Case Crime No.09 of 2025 under Sections 140(3), 151(2), 191(2), 333, 115(2), 352, 351(2), 351(3), 127(2) of B.N.S. and Section 3(2)(va) S.C./S.T. Act, Police Station Sunngarhi, District Kasganj pending before Special Judge, S.C./S.T. Act, Kasganj. 3. As per F.I.R. version, on 30.01.2025 at about 11:00 a.m., present applicants along with eight unknown persons entered the house of the first informant and badly beaten him up causing grievous injuries. They forcefully dragged the first informant, his brother and daughter into two four-wheelers and taken them to their house in district Badaun. There, they again pounded him, his brother and daughter, and, released them at about 5:00 p.m. 4. 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. 5. Learned A.G.A. has pointed out that as per medico-legal report, all the three victims have sustained injuries on their body, however, he has no objection if protection is granted to the present applicants to enable them to appear before the court below. 6. 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. 7. 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. 8. With the aforesaid observation/direction, instant application is finally disposed of. Order Date :- 11.8.2025 VR Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad