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2025 DAILYLAW 100009 (ALL)

SHIVOM KUMAR v. STATE OF U.P. AND ANOTHER

NA528/37489/2025 · 2025-09-24

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37489 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application has been preferred with the prayer to quash entire Criminal Proceeding of Session Trial no. 619 (2014) of 2024 (State vs. Rajeev Rana and others) arising out of Case Crime no.384 of 2024, under sections 147, 148, 149, 307, 427, 435, 323, 120B IPC and section 7 of Criminal Law (Amendment) Act and sections 4/25 of Arms Act, PS- Izzatnagar, District- Bareilly, pending in the court of learned Session Judge, Bareilly in respect of applicant herein. 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused, Rajan Rana and Another preferred Application u/s 482 Cr.P.C. no.42263 of 2024 (Rajan Rana and Another vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and thereafter consideration has been drawn by this Court vide judgment and order dated 01.07.2025 (Annexure no.12), whereby entire proceeding has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicant, who is also implicated in same Case Crime no.384 of 2024 and the similar argument has been raised by learned counsel for applicant for challenging the said proceedings. 4. Although, learned AGA opposed the prayer sought through instant application but did not dispute the fact in respect of judgment and order dated 01.07.2025. Versus Counsel for Applicant(s) : Amit Kumar Srivastava Counsel for Opposite Party(s) : G.A. Shivom Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. In view of foregoing discussion, parity of judgment and order dated 01.07.2025 is applicable in favour of applicant and as such entire proceeding arising out of Case Crime no.384 of 2024 which culminated into preferring the charge sheet on dated 18.09.2024, thereafter order passed by learned concerned court by way of passing summoning order on dated 23.09.2024, is hereby quashed and set aside in respect of applicant herein, in the light of judgment and order dated 01.07.2025 passed in case of Rajan Rana and Another (supra). 6. The instant application u/s 528 BNSS stands allowed accordingly. September 25, 2025 Saif NA528 No. 37489 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad