BHURESH KUMAR SHARMA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/30441/2025 · 2025-09-17
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87094 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87094 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30441 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the applicants, learned counsel for the O.P. No.2 as well as learned A.G.A. for the State-respondent. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 of B.N.S.S. for quashing the entire proceedings of Special Complaint Case No. 13 of 2024 (Smt. Mehandi Vs. Raj @ Ram and Others) under Sections 323, 504 I.P.C. and 3(1)(Da), 3(1)(Dha) of SC/ST Act, 1989, Police Station- Sadar Bazar, District- Mathura as well as the impugned summoning order dated 23.05.2025 passed by Sepecial Judge SC/ST Act, Mathura, pending in the court of Special Judge, SC/ST Act, Mathura. 3. According to the complaint case, on 22.11.2023, at about 11.30 AM, while the prosecutorix along with her husband and brother-in-law, was going to adduce evidence in Session Trial No. 1682 of 2022 (State Vs. Raj @ Ramu), present applicants surrounded them, uttered caste-based slurs, and assaulted them as well. They threatened the complainant not to pursue the case and restrained her from adducing evidence in the aforesaid session trial. Having heard the commotion within the court premises, some passersby gathered at the spot; thereafter, the accused fled from the scene after uttering caste-based slurs and threatening to kill. 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 Versus Counsel for Applicant(s) : A.K. Mishra, Sati Shanker Tripathi Counsel for Opposite Party(s) : G.A., Munendra Nath Chaubey Bhuresh Kumar Sharma And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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. 4. 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. 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 applicants appear/surrender 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 applicants in aforementioned criminal case. 7. As per observation made above, instant application is disposed of. September 18, 2025 Sumit K. NA528 No. 30441 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