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2025 DAILYLAW 74193 (ALL)

DINESH MALL v. STATE OF U.P. AND ANOTHER

NA528/24829/2025 · 2025-07-15

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114597 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 24829 of 2025 Applicant :- Dinesh Mall Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Yadav,Vimal Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State respondent. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire proceedings of Session Trial No. 212 of 2023 (State Vs. Dinesh Mall) arising out of Case Crime No. 229 of 1997, under Section 504 I.P.C. and Section 3(1)(X) S.C./S.T. Act, Police station Kaptanganj, District Kushinagar pending in the court of Special Judge (S.C./S.T.) Act, Kushinagar as well as N.B.W. dated 13.11.2006 issued by Judicial Magistrate, Kushinagar and chargesheet dated 06.07.1997 submitted by investigating officer. 3. It is submitted that previously applicant was enlarged on bail, however, at subsequent stage, he could not appear before the court below due to some unavoidable circumstances which led to issuance of non-bailable warrant against him. It is submitted that present applicant is ready and willing to appear before the court below to cooperate in the trial. He has never intended to avoid the court proceedings, as such, interim protection may be granted so that he may appear before the court below and participate in the court proceedings. 4. Learned A.G.A. has no objection in case protection is granted to the present applicant to enable him 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 applicant appears/surrenders 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 applicant 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