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2025 DAILYLAW 74142 (ALL)

VIVEK v. STATE OF U.P. AND ANOTHER

NA528/24600/2025 · 2025-08-18

Dinesh Pathak

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:141127 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 24600 of 2025 Applicant :- Vivek Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A.,Neeraj Singh Hon'ble Dinesh Pathak,J. 1. Supplementary affidavit filed by the learned counsel for the applicant today is taken on record. Office to proceed accordingly. 2. Heard learned counsel for the applicant, learned counsel for the respondent No. 2 as well as learned A.G.A. representing State-respondent No. 1 and perused the record on Board. 3. The applicant has invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire criminal proceedings including the charge sheet No. 218 of 2024, cognizance/summoning order dated 11.3.2025 in Criminal Case No. 823 of 2024 (State vs. Rambabu @ Babu and others), arising out of Case Crime No. 215 of 2024, under Sections 191(1), 115 (2), 352, 351(2), 324(2), 333, 117(2) BNS and Sections 3(1) Da, Dha & 3(2)(va) of SC/ST Act, Police Station Bara, District Lalitpur, pending before learned Additional District and Sessions/Special Judge (SC/ST Act), Lalitpur. 4. Learned counsel for the applicant has filed a copy of the supplementary affidavit along with injury reports of the injured/victims. As per FIR, on the date of occurrence of offence, i.e., 3.9.2024 at about 10.15 p.m., all the named accused including the present applicant have hurled caste related slurs and further assaulted to the first informant (respondent No. 2) and his family members inflicting grievous injuries. As per the medical report filed along with the supplementary affidavit, a total of four persons were injured. 5. After due deliberations at length, learned counsel for the applicant has submitted that he is not pursuing the instant application on merits. He has further submitted that the present applicant is willing and ready to co-operate with the courts 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 AGA as well as learned counsel for the respondent No. 2 has no objection if interim 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 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 the present applicant, in case, 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 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 applicant. 9. As such, instant application is finally disposed of. Order Date :- 19.8.2025 vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad