LALVIDHI PATHAK @ LALBAHADUR v. STATE OF U.P. AND ANOTHER
NA528/35571/2025 · 2025-09-15
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 94683 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 94683 (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. - 35571 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J.
1. Heard Sri Amar Nath Tiwari, learned counsel for the applicant, learned AGA and perused the record. 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 No.A371/2018 dated 10.11.2018 and cognizance/summoning order dated 07.03.2019 in Special Trial No.29/2019 (State vs. Raju Pathak and others), arising out of Case Crime No.315/2018, under Sections 323, 504, 506 I.P.C. & Section 3(1) द, ध S.C./S.T. Act, Police Station- Rampur Karkhana, District- Deoria, pending before Special Judge (S.C./S.T. Act)/Second Additional District and Session Judge, Deoria. 3. As per FIR version accused (applicant herein) has beaten up and abused to the first informant and his wife. Medical report is on the record. 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 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 Versus Counsel for Applicant(s) : Amar Nath Tiwari Counsel for Opposite Party(s) : G.A. Lalvidhi Pathak @ Lalbahadur .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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.
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 16, 2025 vkg NA528 No. 35571 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad