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2025 DAILYLAW 88572 (ALL)

BABLU AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/31110/2025 · 2025-09-03

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31110 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard Sri Umesh Kumar, learned counsel for the applicants, learned A.G.A. representing State-respondent No. 1 and perused the record on board. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire criminal proceedings including the charge sheet dated 22.12.2024 and cognizance order dated 8.4.2025 in Criminal Case No. 2972 of 2025 (State Vs. Bablu & Others), arising out of Case Crime No. 314 of 2024, under Sections 115(2), 352, 351(2), 110 BNS, Police Station Ganjdundwara, District Kasganj, pending in the court of the Chief Judicial Magistrate, Kasganj. 3. As per FIR version, the accused (applicants herein) have badly beaten up to the first informant and his brother inflicting grievous injuries. 4. After due deliberations at length, learned counsel for the applicants has submitted that he is not pursuing the instant application on merits. He has further submitted that the present applicants are willing and ready to co- operate with the courts below and participate in the court proceedings provided some interim protection may be granted to them. It is next submitted that the present applicants have never intended to ignore the court proceedings. 5. Learned AGA has no objection if interim protection is granted to the present applicants to enable them to appear before the court below. Versus Counsel for Applicant(s) : Umesh Kumar Counsel for Opposite Party(s) : G.A. Bablu And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. 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 the present applicants, in case, appear/surrender 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 in accordance with law expeditiously, 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 applicants. 8. As such, instant application is finally disposed of. September 4, 2025 vinay NA528 No. 31110 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad