Pappu Alias Ram Pal Singh and 3 Others v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33253 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J.

¶1Heard Shri Manoj Kumar Srivastava, learned Advocate, holding brief of Shri Pramod Kumar Srivatava, learned counsel for the applicants as well as learned A.G.A. for the State-respondent and perused the record.

¶2The applicants have invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for quashing the entire proceedings including charge-sheet dated 10.01.2024 and cognizance/summoning order dated 9.4.2025, in Case No. 92 of 2025 (State Vs. Pappu @ Ram Lal Singh and others), arising out of Case Crime No.250 of 2023, under Sections 323,452,504, 506, 308 I.P.C. and Sections 3 (2)(va), 3(1)(s) SC/ST Act, Police Station Charwa, District Kaushambi, pending in the court of Additional District Judge/Special Judge SC/ST Act, Kaushambi.

¶3As per F.I.R. version, incident alleged to have occurred on 20.11.2023, at around 10:00 p.m., wherein husband of the first informant was pounded and abused with caste based slur by the accused.

¶4Learned A.G.A. has pointed out that seven injuries were inflicted on the injured. He has laid emphasis on the supplementary medico legal report, as well, according to which four injuries are inflicted on the injured person which are as follows :

(i) Subdural hematoma in Lt. part to temporal region.

(ii) Comminuted # Rt. Partial bone.

(iii) Linear non displead # in Lt. parietal bone # line extension as described Versus Counsel for Applicant(s) : Pramod Kumar Srivastava Counsel for Opposite Party(s) : G.A. Pappu Alias Ram Pal Singh And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) above.

(iv) Scalp laceration with sublegal hemotoma and soft tiss swelling in Rt. parietal bone.

¶5After due deliberations at length, learned counsel for the applicants has submitted that he is not pursuing the instant application on merits. He has submitted that the applicants are ready and willing to cooperate with the court below and participate in the court proceedings provided some interim protection may be granted to them. It is next submitted that the present applicants have never intended to ignore the court proceedings.

¶6Learned A.G.A. has no objection if protection is granted to the present applicants to enable them to appear before the court below.

¶7In this conspectus, as above, no useful purpose would be served to keep the instant application pending, therefore, the same is being decided finally without entering into the merits of the case with a direction that in case the present applicants appear/surrender and move bail application before the court below within a period of three weeks from today along with a certified copy of this order, the same shall be considered and decided by the court concerned having considered the dictum of Hon'ble Supreme Court in accordance with law, expeditious, preferably within a period of three weeks thereafter.

¶8For 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.

¶9With the aforesaid observation/direction, instant application is finally disposed of. September 26, 2025 VR NA528 No. 33253 of 2025 (Dinesh Pathak,J.) High Court of Judicature at Allahabad