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2025 DAILYLAW 76412 (ALL)

SHIVANAND AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/26313/2025 · 2025-07-23

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121224 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 26313 of 2025 Applicant :- Shivanand And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajai Singh Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State respondent 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 proceeding including N.B.W orders dated 04.02.2025, 01.04.2025 and 03.05.2025 in Special Session Trial No. 992 of 2023 (State vs. Shivanad and others), arising out of Case Crime No. 217 of 2023 under Sections 323, 504, 506, I.P.C. & 3(1)D, 3(1) DH S.C./S.T. Act, Police Station- Maudarwaja, District- Farrukhabad, pending in the Court Special Judge(S.C./S.T. Act), Farrukhabad. 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 :- 24.7.2025/vkg Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad