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Neutral Citation No. - 2025:AHC:138680 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 29743 of 2025 Applicant :- Wasif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicant and the learned A.G.A.
2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding including N.B.W order dated 06.06.2025 in S.S.T. No. 3298 of 2023 (State Vs. Wasif), arising out of Case Crime No. 395 of 2023 under Sections 323, 504, 506 of I.P.C. and 3 (2)(va) of SC/ST Act, Police Station- Murad Nagar, District- Ghaziabad, pending in the court of Special Judge SC/ST Act/Additional District & Session Judge, Ghaziabad. 3. It is submitted by the learned counsel for the applicant that previously the applicant was enlarged on bail and throughout participating in the court proceedings. However, at subsequent stage, due to some personal reasons he could not appear before the court below which led to issuance of non-bailable warrant against him and sureties were forfeited. It is further submitted that applicant has never intended to avoid the court proceedings. It is further submitted that the applicant is ready and willing to cooperate with the court proceedings provided some protection may be accorded to him to appear before the court concerned and participate in the court proceedings. 4. Learned A.G.A. has no objection in case protection is granted to the present applicant to enable him 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 application pending, therefore, this Court deems it appropriate to decide the instant application finally, without entering into the merits of the case as averred in the instant application, with a direction that, in case, the present applicant appears/surrenders before the court concerned along with a certified copy of this order and move bail application within three
weeks from today, same shall be considered and decided by the court concerned within a period of three weeks thereafter. 6. For a period of six weeks or till the disposal of bail application, whichever is earlier, no coercive action shall be taken against the present applicant in the aforementioned case. 7.
With the aforesaid observation/direction, the instant application is finally disposed off. Order Date :- 14.8.2025/vkg Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad