RAM SINGH GAUR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/35181/2025 · 2025-09-14
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 95177 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 95177 (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. - 35181 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J.
1. Heard Sri Ashish Kumar Singh, learned counsel for the applicants, learned A.G.A. representing State-opposite party 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 9.2.2025 and summoning order dated 18.3.2025 passed in Special Case No. 253 of 2025 (State vs. Ram Singh Gaur and others), arising out of Case Crime No. 549 of 2024, under Sections 110, 115(2), 352, 351(3) of B.N.S. and Sections 3(2)(Va), 3(1)(da)(dha) of SC/ST Act, Police Station Rath, District Hamirpur, pending in the Court of Special Judge, S.C./S.T. (P.A.) Act, Hamirpur. 3. As per FIR version, incident took place on 11.12.2024 wherein brother of the first informant and his friends have been abused with caste based obscene language and further assaulted by the accused persons causing grievous injuries. Medical reports of the two injured are on the record. As per the medical report of Devendra Verma, he has sustained five injuries and have been referred to neurosurgery and Ophtha Unit for further examination and treatment. As per medical report of Dinesh Kumar, he has suffered nine 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 Versus Counsel for Applicant(s) : Ashish Kumar Singh Counsel for Opposite Party(s) : G.A. Ram Singh Gaur And Another .....Applicant(s) State Of U.P. And Another .....Opposite Party(s)
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. 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 15, 2025 vinay NA528 No. 35181 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad