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2025 DAILYLAW 67905 (ALL)

HARIMOHAN AND 8 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/21959/2025 · 2025-09-03

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 21959 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. 2. In compliance of order dated 20.8.2025, learned counsel for the applicants has filed supplementary affidavit today in court, which is taken on record. Office is directed to proceed accordingly. 3. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding including charge sheet dated 02.04.2024 as well as cognizance/summoning order dated 09.04.2025 in Case No. 103 of 2025 (State Vs. Hari Mohan and Others ), arising out of Case Crime No. 19 of 2024, under Sections 147, 148, 149, 323, 504, 506, 452, 427, I.P.C. and 3(2)(va), 3(1)(s) SC/ST Act, Police Station- Kokhraj, District- Kaushambi, pending in the Court of Special Judge S.C/S.T Act, Kaushambi. 4. An F.I.R has been lodged on the basis of an order passed by the court competent on the complaint. As per the F.I.R version, the accused with common intention, came at the door step of the first informant on 19.11.2023 at about 8 A.M. armed with a stick, iron rod etc. They beat up the first informant and his family member, and uttered caste-based slurs. The record evince that relating to a land dispute, previously an F.I.R, being Case Crime 0516 of 2023 dated 11.11.2023, has been lodged by Kailash (applicant no.3), alleging the offence of rioting, house trespass, damage of property, criminal intimidation etc. As per the medical report filed along with the supplementary affidavit, opposite party no.2 has sustained four injuries in the incident on 19.11.2023. Thus, prima facie, the dispute Versus Counsel for Applicant(s) : Akhlendra Pratap Singh, Deleep Kumar Chaudhari Counsel for Opposite Party(s) : G.A., Pradeep Kumar Harimohan And 8 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) between the parties and the occurrence of the offence cannot be negated. 5. After due deliberation at length, learned counsel for the applicants has chosen 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. 6. 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. 7. 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 off 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. 8. 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. 9. As per observation made above, instant application is disposed off. September 4, 2025 vkg NA528 No. 21959 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad