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2025 DAILYLAW 86816 (ALL)

MOHD. HALEEM @ LADDAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/30474/2025 · 2025-09-22

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30474 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Learned A.G.A. has filed a copy of compliance affidavit, today in Court, which is taken on record. 2. As per the compliance affidavit, notice is personally served upon opposite party No. 2. However, despite service of notice, no one has put in appearance on his behalf. 3. Heard learned counsel for the applicants and learned A.G.A. for the State-respondent. 4. The applicants have invoked the inherent jurisdiction of this Court under Section 528 of B.N.S.S. for quashing the order dated 24.01.2024 passed by Special Judge SC/ST Act, Prayagraj and Charge-sheet no. 64 of 2023 dated 25.07.2023 as well as entire proceeding of Special Session Trial No.17 of 2024 (State Vs. Mohd. Haleem @ Laddan & Others), arising out of Case Crime No. 117 of 2023 under Sections 323, 504, 506, 325 I.P.C. and Section 3(2)(VA), of S.C./S.T. Act, Police Station- Cantt., District- Prayagraj. 5. As per the F.I.R. version, the alleged incident took place on 16.06.2023, wherein the neighbours of the first informant assaulted her husband as well as her maternal relatives (aunt and uncle), and uttered caste-based slurs against them. It is submitted that trivial issue between the two neighbours has unnecessarily been dragged into the criminal proceedings. Learned A.G.A. has pointed out the injury reports of the Versus Counsel for Applicant(s) : Deepak Singh Patel, Dheerendra Singh Counsel for Opposite Party(s) : G.A. Mohd. Haleem @ Laddan And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) victims, namely, Anjali, Dashrath Lal and Shalu, who have sustained several injuries. Learned A.G.A. has further contended that, prima facie, the injury report substantiates the incident in question as mentioned in the F.I.R. 6. After due deliberations 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. 7. 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 participate in the court proceedings. 8. 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 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. 9. 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. 10. As per observation made above, instant application is disposed of. September 23, 2025 Sumit K. NA528 No. 30474 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad