NASEEM ALIAS KALLU AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/35376/2025 · 2025-09-14
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 95956 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 95956 (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. - 35376 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State respondent 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 proceeding including the charge sheet dated 28.02.2025 and summoning order dated 18.07.2025 passed by learned Special Judge SC/ST Act, Kannauj in Session Case No.411 of 2025 (State of U.P. and Another Vs. Naseem alias Kallu and 5 Others), arising out of Case Crime No.0007 of 2025, under Sections 191(2), 115(2), 352, 351(2), 118(1), 117(2) B.N.S. and Section 3(1)(द) SC/St Act, Police Station Thathiya, District Kannauj. 3. As per FIR, alleged incident took place on 06.01.2025, wherein the first informant has been abused with caste based slurs and assaulted by the accused, when he has objected for removing the soil from his agricultural field. As per medical report, opposite party no.2 has sustained five injuries on his body. 4. After due deliberation at length, learned counsel for the applicants has 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. 5. Learned A.G.A. has no objection in case protection is granted to the Versus Counsel for Applicant(s) : Ashutosh Shankar Dwivedi, Chandra Prakash Pandey Counsel for Opposite Party(s) : G.A. Naseem Alias Kallu And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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. (Dinesh Pathak,J.) September 15, 2025 Radhika NA528 No. 35376 of 2025 2
Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad