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2025 DAILYLAW 93305 (ALL)

RAM NARAYAN CHAUHAN AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/34132/2025 · 2025-09-08

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34132 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard Sri Achyut Jee, learned counsel for the applicants and learned AGA for the State-respondent. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding including charge sheet no. A-115/2016 dated 12.9.2016, cognizance/summoning order dated 23.12.2016 as well as N.B.W. order dated 6.7.2023 and process of Section 82 Cr.P.C. dated 18.6.2024 in S.S.T. No.67/2016 (State Vs. Ram Narayan and others), arising out of Case Crime No.237/2016 under Sections 332, 353, 323, 504, 506 IPC and 3(1)(X) of SC/ST Act, Police Station- Sukhpura, District - Ballia, pending in the court of Special Judge (SC/ST Act)/Addl. Sessions Judge, Court No.2, Ballia. 3. Having been aggrieved with the incident dated 23.7.2017, wherein the first informant has been beaten up and abused with caste based obscene language, he lodged an FIR being Case Crime No.0237 of 2016, dated 23.7.2016. The charge sheet has been filed on 12.9.2016. The learned court has taken the cognizance and passed the summoning order on 23.12.2016. 4. After due deliberation at length, learned counsel for the applicants have 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. Versus Counsel for Applicant(s) : Achyut Jee Counsel for Opposite Party(s) : G.A. Ram Narayan Chauhan And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. 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. 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 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 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. 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 in aforesaid criminal case. 8. As per observation made above, instant application is disposed off. September 9, 2025 vkg NA528 No. 34132 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad