Neutral Citation No. - 2025:AHC:136596 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 25155 of 2025 Applicant :- Durgesh Mani Tripathi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anil Kumar Srivastava,Vaibhav Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Learned A.G.A. has filed a copy of compliance affidavit today in Court, which is taken on record. Office is directed to proceed accordingly. As per the compliance affidavit, notice is served personally upon the respondent No. 2. However, despite the service of notice, none appears on behalf of the respondent No. 2. 2. Heard learned counsel for the applicant, learned AGA representing state-respondent No. 1 and perused the record. 3. The applicant has invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire criminal proceeding of of Case No. 20 of 2025 (State vs. Durgesh Mani Tripathi), arising out of Case Crime No. 59 of 2023 under Sections 323, 504, 506 IPC and Sections 3(1)R, 3(1)S of SC/ST Act, Police Station Akbarpur, District Kanpur Dehat. 4. As per FIR, occurrence of offence is alleged to have taken place on 14.12.2023 in the mortuary wherein three main accused have allegedly abused the respondent No. 2 and uttered caste based slur. After completion of investigation, the Investigating Officer has arraigned only the present applicant; however, remaining co-accused, as named in the FIR, have been exonerated. The Investigating Officer has taken the statement of several independent and ocular witnesses during investigation. 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 has no objection if interim protection is granted to the present applicants to enable them 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 applicants. 9. As such, instant application is finally disposed of. Order Date :- 12.8.2025 vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad