Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:132395 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 23709 of 2025 Applicant :- Rakesh @ Sulha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akash Kishan, Ashok Gupta Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. As per compliance affidavit, notice is personally served upon respondent no.2, however, despite service of notice, no one has put in appearance on her behalf. 2. Heard Shri Akash Kishan, learned counsel for the applicant as well as learned A.G.A. and perused the record. 3. 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 16.05.2024 along with the summoning order dated 22.04.2025 in Special Sessions Case no. 77/IX/2025, (State Vs. Ramkishor Dubey @ Purra and others), arising out of Case Crime No.101 of 2024 under Sections 287, 338 I.P.C. & 3(2)(va) SC/ST Act, Police Station Girwan, District Banda, pending before Special Judge (S.C./S.T. Act), Banda. 4. As per F.I.R. version, right hand of the husband of respondent no.2 was chopped off at the wrist in the thresher machine. 5. 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. 6. Learned A.G.A. has no objection if protection is granted to the present applicant to enable him to appear before the court below. 7. 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. 8.
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 applicant. 9. 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