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2019 DAILYLAW 2891 (ALL)

GOPAL PRASAD GOSWAMI v. STATE OF U.P. AND ANOTHER

A482/22336/2019 · 2026-05-04

Nand Prabha Shukla

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 22336 of 2019 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Vijay Pratap Singh, learned counsel for the applicant, Ms. Preete Chaudhary, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to quash the charge-sheet No. 1019 of 2018 dated 04.12.2018 proceedings of Case No. 28732 of 2018 (State v. Gopal Prasad Goswami and others) arising out of Case Crime No. 796 of 2018 under Sections 379, 318, 403, 406, 417, 418, 420, 477, 120-B IPC and Sections 66-C and 66-D IT Act, Police Station-Noida Sector-20, Disrict Gautam Buddha Nagar pending in the Court of Chief Judicial Magistrate, District-Gautam Buddh Nagar including the charge-sheet No. 1019 of 2018 dated 04.12.2018 as well as order dated 22.04.2019. 3. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. 4. Accordingly, prayer for quashing is declined. Versus Counsel for Applicant(s) : Abhishek Mishra, Sikandar B. Kochar, Vijay Pratap Singh Counsel for Opposite Party(s) : Anil Kumar Jaiswal, G.A., Km Preete, Rajiv Lochan Shukla, Samit Gopal(Elevated) Gopal Prasad Goswami .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. In case, the applicants are not on bail, it is directed that if the applicants appear or surrender through counsel before the Trial Court and makes an application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously, after giving opportunity to the other side. 6. However, in the interest of justice, it is further provided that in case the applicants move an application for discharge at an appropriate stage through counsel within 45 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. 7. For a period of 45 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case. 8. With the aforesaid direction, this application is disposed of. May 5, 2026 Aditya Tripathi A482 No. 22336 of 2019 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad