HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37001 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. At the very outset learned counsel for the applicants has prayed for and is permitted to amend the prayer clause of the instant application under Section 528 BNSS to challenge the entire proceedings of Sessions Trial No.341 of 2021, during the course of the day. 2. Heard learned counsel for the applicants, learned AGA and perused the record. 3. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire criminal proceeding including the N.B.W. order dated 19.08.2025 in S.T. No. 341 of 2021 (State vs. Ramsuchit Gaur and others), arising out of Case Crime No. 628 of 2020 under Sections 147, 323, 504, 506 IPC and Sections 3(1)(द), 3(1)(घ) SC/ST Act, Police Station- Meja, District- Prayagraj. 4. Learned counsel for the applicants submits that, the applicant no.1 was admitted in hospital and undergone heart surgery; therefore, he could not appear before the court below on 19.8.2025, which led to the issuance of a non-billable warrant against him and his opportunity to cross-examination has been closed. Further, because of illness of the applicant no. 1, his sons applicant nos. 2, 3 and 4 could not appear, inasmuch as they were in the hospital along with applicant no. 1. Learned counsel for the applicants 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 further submitted that the present applicants are never intended to ignore the court proceedings. Versus Counsel for Applicant(s) : Anant Ram Shukla, Sagar Mishra Counsel for Opposite Party(s) : G.A. Ramsuchit Gaur And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. 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. 6. 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. 7. 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. 8. 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. 9. As per observation made above, instant application is disposed off. 10. Before parting with the matter, learned counsel for the applicants prayed to modify the order dated 19.8.2025 inso far as it relates to closing the opportunity of the present applicants to cross examine the witness. In the interest of justice, the present applicants are at liberty to move an appropriate application before the court below to recall/modify the order dated 19.8.2025, insofar as it relates to closing their opportunity to cross examine witness. In case such an application is filed on behalf of the present applicants, the same may be considered sympathetically, in accordance with law, expeditiously. September 24, 2025 vkg NA528 No. 37001 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad