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2025 DAILYLAW 100012 (ALL)

SHERU @ JAMVANT v. STATE OF U.P. AND ANOTHER

NA528/38043/2025 · 2025-09-25

Nand Prabha Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38043 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed to allow this application and quash the entire proceedings as well as impugned Non Bailable Warrant dated 25.09.2023 in Criminal Case No. 1337 of 2015 (State vs. Tannu Ram and others) arising out of Case Crime No. 36 of 2015, under Sections 325, 323, 504 IPC, Police Station Iliya, District Chandauli, pending in the court of learned Civil Judge (Junior Division)/Judicial Magistrate, Chakiya, Chandauli. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required. Accordingly, prayer of the applicant is refused. However, considering the prayer made by learned counsel for the applicant, it is directed that in case the applicant applies for bail before the Versus Counsel for Applicant(s) : Abdul Saleem Ahamad Counsel for Opposite Party(s) : G.A. Sheru @ Jamvant .....Applicant(s) State of U.P. and Another .....Opposite Party(s) concerned court within four weeks from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive measures shall be taken against the applicant. With the above observations, this application under Section 482 Cr.P.C. is disposed of. September 26, 2025 Puspendra NA528 No. 38043 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad