JYOTI AGARWAL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/25469/2025 · 2025-09-09
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76626 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76626 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25469 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J.
1. Heard Shri Shyam Sunder, learned counsel for the applicants, Shri Ravi Pandey, learned counsel for respondent no.2 as well as learned A.G.A. for the State-respondent and perused the record. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire proceedings in Sessions Case No.296 of 2025 (State vs. Jyoti Agrawal & Others) arising out of Case Crime No.275 of 2024 under Sections 323, 504, 506 I.P.C. and Section 3(2) (va) S.C./S.T. Act, Police Station Sasni Gate, District Aligarh pending before Special Judge, S.C./S.T. Act, Aligarh. 3. The first informant (respondent no.2) has lodged an F.I.R. leveling allegation of beaten up and utterance of caste based slur, in incident alleged to have taken place on 06.05.2024. In the subsequent part of the F.I.R., respondent no.2 has again made an allegation of outraging her modesty, beaten up and utterance of caste based slur against the named accused Deepesh. The Investigating Officer, after due investigation, has arraigned only the present applicants and exonerated Deepesh, the above named accused. As per injury report, eight injuries are shown to have been inflicted upon the victim (respondent no.2). 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 submitted that the applicants are ready and willing to cooperate with the court below and participate in the court proceedings provided some interim Versus Counsel for Applicant(s) : Rekha Rani, Shyam Sunder Counsel for Opposite Party(s) : G.A., Ravi Pandey Jyoti Agarwal And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
protection may be granted to them. It is next submitted that the present applicants have never intended to ignore the court proceedings. 5. Learned A.G.A. has no objection if 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 the instant application pending, therefore, the same is being decided finally without entering into the merits of the case with a direction that in case the present applicants appear/surrender and move 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 having considered the dictum of Hon'ble Supreme Court in accordance with law, expeditious, preferably within a period of three weeks thereafter. 7. 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. 8. With the aforesaid observation/direction, instant application is finally disposed of. September 10, 2025 VR NA528 No. 25469 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad