MAHENDRA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/24815/2025 · 2025-07-15
Dinesh Pathak
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 73680 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73680 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:114562 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 24815 of 2025 Applicant :- Mahendra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard Shri Sunil Kumar Tripathi, learned counsel for the applicants and learned A.G.A. for the State-respondent. 2. The applicants have invoked the inherent jurisdiction of this Court under 528 of B.N.S.S. for quashing the entire proceeding of Charge Sheet dated 26.05.2023 as well as cognizance and summoning order 10.10.2023 passed by Additional District and Session Judge Special S.C./S.T. Act, Hapur in Session Trial No. 1150 of 2023, State Versus Mahendra and others, arising out of Case Crime No. 144 of 2023, Under Section 323, 504, 506, 427, 325 I.P.C. and Section 3(2)5A S.C./S.T. Act, Police Station- Pilkhuwa, District- Hapur pending in the Additional District and Session Judge Special S.C./S.T. Act, Hapur. 3. After due deliberation at length, learned counsel for the applicants chose 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. 4. 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. 5. 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 of 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. 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 in aforesaid criminal case. 7.
As per observation made above, instant application is disposed of. Order Date :- 16.7.2025 Sumit K. Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad