HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30725 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. In Re: Criminal Misc. Amendment Application No. 3 of 2025 1. Instant application has been moved to amend the prayer clause of the application u/s 528 B.N.S.S., beseeching to quash the entire proceedings going on in the Criminal Case No. 51 of 2023. 2. Learned A.G.A. and learned counsel for the O.P. No.2 have no objection to the prayer as made by learned counsel for the applicant. 3. As such, the amendment application is allowed. Learned counsel for the applicant is permitted to carryout necessary amendment, as prayed for, during course of the day. In Re: Application U/S 528 B.N.S.S. 1. Heard learned counsel for the applicant, learned counsel for the O.P. No.2 as well as learned A.G.A. for the State. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 of B.N.S.S. for quashing the entire proceeding of Criminal Case No. 51 of 2023 (Rishi Pal Vs. Umesh Kumar) u/s 420, 504, 506 I.P.C. and Section 3(1)Dha of SC/ST Act, P.S.- Naugaon Sadat, District- Amroha as well as impugned summoning order dated 19.07.2023 and N.B.W. order dated 05.05.2025 passed by Additional Sessions Judge/Special Judge (SC/ST Act) in the aforesaid case. 3. As per F.I.R. case, the complainant had paid a sum of approximately Versus Counsel for Applicant(s) : Rakesh Kumar Maurya, Safal Pandey, Virendra Yadav Counsel for Opposite Party(s) : G.A., Vindeshwari Prasad Umesh Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Rs. 10,20,000/- (ten lakh twenty thousand) to the accused (applicant herein) for the purchase of a plot admeasuring area 200 sq. yards. However, when the present applicant has demanded either refund of the said amount or execution of the sale deed in respect of the said property, the accused allegedly uttered caste-based slurs and threatened him. It is next submitted that incident of uttering caste-based slurs took place in front of two witnesses, who have made their statements u/s 202 Cr.P.C. in support of the allegations made in the complaint. After due deliberation at length, learned counsel for the applicant has chosen not to press the instant application on merits. However, he has urged for interim protection to the present applicant so that he may appear before the court below and participate in the court proceedings. It is submitted that present applicant is ready and willing to appear before the court below to cooperate in the trial. He has 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 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 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 applicant appears/surrenders and move bail application before the court below within a period of four weeks from today, same shall be considered and decided in accordance with law expeditiously, preferably within a period of four weeks thereafter. 6. For a period of eight weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicant in aforesaid criminal case. 7. As per observation made above, instant application is disposed of. September 17, 2025 Sumit K. NA528 No. 30725 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad