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2025 DAILYLAW 98478 (ALL)

SURENDRA KUMAR YADAV AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/36728/2025 · 2025-09-22

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36728 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard Sri Satyendra Kumar Pandey, 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 non- bailable warrant dated 11.10.2023 passed by the court of Special Judge SC/ST Act in Special Session Case No.170 of 2022 (State of U.P. Vs. Surendra Kumar Yadav and others), arising out of Case Crime No.278 of 2017 under Sections 323, 504, 506 I.P.C. and Sections 3(1)(da), 3(1)(dha) & 3(2)(va) of SC/ST Act, Police Station- Didarganj, District- Azamgarh. 3. 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 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. 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 dispose off the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction Versus Counsel for Applicant(s) : Satyendra Kumar Pandey, Sunil Kumar Yadav Counsel for Opposite Party(s) : G.A. Surendra Kumar Yadav And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 23, 2025 vkg NA528 No. 36728 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad