Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28759 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J.
1. Heard Shri Mithilesh Kumar Ojha, learned counsel for the applicant, Shri Anil Kumar Rajak, learned counsel for respondent no.2 as well as learned A.G.A. and perused the record. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire criminal proceedings including charge-sheet dated 07.01.2025 in Criminal Case No. 670 of 2025 (State vs. Suneel) arising out of Case Crime No. 452 of 2024 under Section 115(2), 352, 351(3) B.N.S. and Section 3 (1) (da), (dha) and 3(2)(va) S.C./S.T. Act, Police Station Bhuta, District Bareilly, pending before Special Judge, S.C./S.T. Act, Bareilly. 3. As per F.I.R. version, incident alleged to have taken place on 10.11.2024 while the son of the first informant was returning to home. When the victim has objected against the abusive language used by the accused, he has beaten up the victim with stick causing grievous injuries. He has uttered caste based slur, as well. As per medical report as many as five injuries caused to the victim. The Investigating Officer, after due investigation, has taken the statement of twelve witnesses, who are mentioned in the charge-sheet. 4. After due deliberations at length, learned counsel for the applicant has chosen not to press the instant application on merits, however, he has submitted that the applicant is ready and willing to cooperate with the court below and participate in the court proceedings provided some interim protection may be granted to him. It is next submitted that the present applicant has never intended to ignore the court proceedings. Versus Counsel for Applicant(s) : Mithilesh Kumar Ojha Counsel for Opposite Party(s) : Anil Kumar Rajak, G.A. Suneel .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. Learned A.G.A. has no objection if protection is granted to the present applicant to enable him to appear before the court below. 6.
In this conspectus, as above, no useful purpose would be served to keep the instant application pending and the same is being decided without entering into the merits of the case with a direction that in case the present applicant appears/surrenders and move a 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 applicant. 8. With the aforesaid observation/direction, instant application is finally disposed of. September 9, 2025 VR NA528 No. 28759 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad