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2025 DAILYLAW 81107 (ALL)

SAUDAGAR GUPTA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/28637/2025 · 2025-09-09

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28637 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding including summoning order dated 25.6.2024 in Complaint Case No.05/2023 (Anita Devi Vs. Saudagar Gupta and others), under Sections 392, 323, 504, I.P.C. and 3(2)(va) SC/ST Act, Police Station- Phoolpur, District- Varanasi. 3. Record evinces that opposite party no.2 has lodged a complaint levelling allegation of thrashing, uttering caste based obscene language and robbery. The medical report dated 10.9.2022 (Annexure no.2) evinces that four injuries were inflicted upon respondent no.2. The complainant, in her statement under Section 200 Cr.P.C. and two witnesses, namely, Chedi and Rohan Kumar in their statements under Section 202 Cr.P.C. have supported the case of the complainant. 4. After due deliberation at length, learned counsel for the applicants has chosen 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. 5. 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 Versus Counsel for Applicant(s) : Bairister Singh, Kavita Kushwaha Counsel for Opposite Party(s) : G.A., Swarn Lata Suman Saudagar Gupta And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) participate in the court proceedings. 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 off 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. 7. 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 in aforesaid criminal case. 8. As per observation made above, instant application is disposed off. September 10, 2025 vkg NA528 No. 28637 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad