RAMKESH VISHWAKARMA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/25130/2025 · 2025-08-11
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74336 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74336 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:136513 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 25130 of 2025 Applicant :- Ramkesh Vishwakarma And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Upadhyay,Shiv Sagar Singh Counsel for Opposite Party :- Adya Prasad Tewari,G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicants, 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. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire criminal proceeding including charge sheet no. 1 dated 17.8.2024 in Session Case No. 1030 of 2025, arising out of Case Crime No. 409 of 2024 under Sections 147, 323, 336, 352, 504, 506, 308 IPC and 3(1) da, dha and 3(2)(5A) of SC/ST Act, Police Station Gola, District Gorakhpur, pending before Special Jude, SC/ST Act, Gorakhpur. 3. As per FIR version, on the date of occurrence of offence i.e. 18.6.2024 at around 10 a.m., when the first informant objected to the present applicants from discharging sanitary waste water from their toilet in front of her door, they allegedly uttered caste based slur and chased the first informant to beat her. In the meantime, several members of the public gathered on the scene. The applicants then entered the house of the first informant and beaten her up and her family members, inflicting severe injuries. The medical report is on the record showing the injuries sustained by the first informant. 4. After due deliberations at length, learned counsel for the applicants has submitted that he is not pursuing the instant application on merits. He has further submitted that the present applicants are willing and ready to co-operate with the courts below and participate in the court proceedings provided some interim protection may be granted to them. It is next submitted that the present applicants have never intended to ignore the court proceedings. 5. Learned AGA as well as learned counsel for the contesting- respondent No. 2 has no objection if interim protection is granted to the present applicants to enable them to appear
before the court below. 6.
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 applicants, in case, appear/surrender and move a bail application before the court below within a period of four 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 four weeks thereafter. 7. For a period of eight weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicants. 8. 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