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Allahabad High Court

Munna Singh And 2 Others vs State Of U.P. And Another on 2 September, 2025

Author: Dinesh Pathak

Bench: Dinesh Pathak





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:154030
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 27669 of 2025   
 
   Munna Singh And 2 Others    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Ajay Kumar Singh, Ashish Kumar Singh, Tejas Singh   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A., Prem Prakash Yadav, Virendra Kumar Yadav   
 
     
 
 Court No. - 73
 
   
 
 HON'BLE DINESH PATHAK, J.       

1. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A.

2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding including summoning order dated 19.12.2024 passed by Special Judge (SC/ST Act), Jaunpur in S.S.T. No. 386 of 2024 (State of U.P. Munna Singh and others), arising out of Case Crime No. 121 of 2024 under Sections 115(2),352, 351(2), 76, 117(2) BNS & Section 3(2)(va) SC/ST Act, Police Station- Sureri, District- Jaunpur, pending in the court of Special Judge (SC/ST Act), Jaunpur.

3. As per the FIR version, on the date of occurrence of the offence i.e. 14.10.2024, at about 5:40 AM while the first informant went for morning walk, she has been subjected to assault and caste based slurs. As per the medical report, Hublal, Pushpa Devi, Ravi Kumar and Archana have sustained injuries. Hublal has sustained grievous injuries. In the X-ray report of Hublal, fracture has been seen on his shoulder.

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 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 2, 2025 vkg