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2025 DAILYLAW 97088 (ALL)

AKHILESH YADAV AND ANDOTHER v. STATE OF U.P. AND ANOTHER

NA528/36263/2025 · 2025-09-18

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36263 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard learned counsel for the applicants as well as learned A.G.A. for the State respondent. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS to quash the entire proceeding including charge sheet dated 5.12.2008, cognizance/summoning order dated 7.1.2009, and N.B.W dated 23.7.2025 in S.T. No.- 231 of 2010, (State of U.P Vs. Akhilesh Yadav and others), arising out of Case Crime No. 697 of 2008, under Sections 323, 504, 506, 436 IPC and Section 3(1)(x) of SC/ST Act, Police Station- Ramkola, District- Kushinagar, pending in the Court of Special Judge (SC/ST Act) Kushinagar, Padrauna. 3. It is submitted that previously applicants were enlarged on bail; however, at subsequent stage, they could not appear before the court below owing to their personal difficulties which led to issuance of non-bailable warrant against them vide order dated 23.7.2025. 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 avoid the court proceedings, as such, some interim protection may be granted so that they may appear before the court below and participate in the court proceedings. 4. 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. 5. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally Versus Counsel for Applicant(s) : Chandra Prakash Misra, Prakash Sharma Counsel for Opposite Party(s) : G.A. Akhilesh Yadav And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 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. 6. 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. 7. As per observation made above, instant application is disposed off. September 19, 2025 vkg NA528 No. 36263 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad