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Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 23809 of 2025 Applicant :- Adil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard Shri Anil Kumar Mishra, learned counsel for the applicant, learned counsel for the respondents as well as learned A.G.A. for the State-respondent 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 entire criminal proceedings including charge-sheet dated 26.08.2024 and cognizance/summoning order dated 26.09.2024 in Case No.1974 of 2024 (State vs. Boni alias Suhail and Others), arising out of Case Crime No.413 of 2024 under Sections 61 B.N.S., 17 POCSO Act and 3(2)(va) SC/ST Act, Police Station Deoband, District Saharanpur, pending in the Court of Special Judge (POCSO Act)/Additional Session Judge, Room No.13, Saharanpur. 3. The present applicant has been inculpated for the offence of criminal conspiracy under Section 61 of B.N.S. and Section 17 of POCSO Act for abetment. As per statement of doctor Ajay Kumar Tyagi, the victim has sustained simple injuries. 4. After due deliberations at length, learned counsel for the applicant has chosen not to press the instant application on merits, however, 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 him. It is next submitted that the present applicant has never intended to ignore the court proceedings. 5. Learned A.G.A. has no objection if protection is granted to the present applicant to enable him to appear before the court below. 6. In this conspectus, as above, no useful purpose would be served to keep the instant application pending and the same is being decided without entering into the merits of the case with a direction that in case the present applicant appears/surrenders and move a 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.
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 applicant. 8. With the aforesaid observation/direction, instant application is finally disposed of. Order Date :- 6.8.2025 VR Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad