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Neutral Citation No. - 2025:AHC:145632 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 31472 of 2025 Applicant :- Chandan Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard Sri Arun Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State respondent and perused the record on Board.
2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding as well as charge sheet dated 15.05.2024, and cognizance/summoning
order dated 15.07.2024, passed by the learned Special Judge (SC/ST Act), Jhansi, in Sessions Trial No. 927 of 2024 (State of U.P. Vs. Chandan Gupta), arising out of Case Crime No. 815 of 2023 under Sections 323, 504, 506 IPC and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station - G.R.P. Jhansi, District - Jhansi.
3. 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 off 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 three weeks from today, same shall be considered and decided in accordance with law expeditiously, preferably within a period of three weeks thereafter.
6. 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 in aforesaid criminal case.
7. As per observation made above, instant application is disposed off.
Order Date :- 23.8.2025/vkg Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad