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2025 DAILYLAW 98853 (ALL)

GAJANI PATEL @ RAJENDRA v. STATE OF U.P. AND ANOTHER

NA528/36611/2025 · 2025-09-21

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36611 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard Sri Ajay Kumar 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 non-bailable warrant order dated 23.03.2023 in Sessions Trial No. 524 of 2023 (State Vs. Gajani Patel), arising out of Case Crime No. 61 of 2012 under Sections 323, 325, 504 I.P.C. and Section 3(1)(X) S.C./S.T. Act, Police Station- Soraon, District- Allahabad, pending before the Court of Additional District Judge-14, Allahabad. 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 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. 4. 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. 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) : Ajay Kumar Tiwari, Mayank Kesarwani Counsel for Opposite Party(s) : G.A. Gajani Patel @ Rajendra .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 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 applicant in aforesaid criminal case. 7. As per observation made above, instant application is disposed off. September 22, 2025 vkg NA528 No. 36611 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad