GIRIRAJ ALIAS GINNIRAJA v. STATE OF U.P. AND ANOTHER
NA528/34207/2025 · 2025-09-08
Dinesh Pathak
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 92670 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 92670 (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. - 34207 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J.
1. Heard Sri Anand Kumar Pandey, 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 including charge sheet no. 0093/2025 dated 22.03.2025 and cognizance order dated 13.05.2025 in S.T Case No. 0594 of 2025, arising out of Case Crime No. 0098 of 2025 under Sections 115(2), 352, 351(3) of BNS and Sections 3(1) Da, 3(1) Dha, & 3(2)(va) SC/ST Act, Police Station- Mehrauni, District- Lalitpur, pending in the court of Special Judge SC/ST Act, Lalitpur. 3. Respondent no.2 has lodged an FIR, being Case Crime No.0098 dated 12.3.2025, alleging that the incident took place on 11.3.2025 at about 20:15 hrs, wherein the accused (applicant herein) has beaten up the first informant and his wife, and uttered caste based slurs against them. He has threatened to kill them as well. As per the medical report, five injuries were shown to have been inflicted on the first informant and all are simple in nature. 4. 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. 5. Learned A.G.A. has no objection in case protection is granted to the Versus Counsel for Applicant(s) : Anand Kumar Pandey, Kamini Pandey (Dubey) Counsel for Opposite Party(s) : G.A. Giriraj Alias Ginniraja .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
present applicant to enable him to appear before the court below to participate in the court proceedings. 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 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. 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 applicant in aforesaid criminal case. 8. As per observation made above, instant application is disposed off. September 9, 2025 vkg NA528 No. 34207 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad