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2025 DAILYLAW 100831 (ALL)

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

NA528/37234/2025 · 2025-09-23

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37234 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 a prayer to quash entire proceeding of Session Trial no. 620 (2015) of 2024, State vs. Rajiv Rana and others, arising out of impugned charge sheet dated 18.9.2024 in Case Crime no. 386 of 2024, under sections 147, 148, 149, 307, 327, 427, 504, 506, 120B IPC & 4/25 Arms Act, PS- Izzatnagar, District Bareilly, pending in court of learned Sessions Judge, Bareilly, in respect of applicant. 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused, Rajan Rana and Another preferred Application u/s 528 BNSS no.26507 of 2025 (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 25.07.2025 (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.386 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 25.07.2025. 5. Although it has been mentioned in the order, which has been sought as a 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) parity that parity shall not be available, but the conditions and circumstances along with consideration whatsoever has been drawn by this Court on the grounds are similar one and as such applicant is entitled to seek parity of the same order passed on dated 25.07.2025 in Application u/s 528 BNSS no.26507 of 2025. 6. In view of foregoing discussion, parity of judgment and order dated 25.07.2025 is applicable in favour of applicant and as such entire proceeding arising out of Case Crime no. 386 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 25.07.2025 passed in case of Ankit Upadhyay (supra). 7. However, the above mentioned order will not preclude the concerned authorities for re-initiation of the proceedings against applicant, if required in future, in accordance with law. 8. The instant application u/s 528 BNSS stands allowed accordingly. September 24, 2025 Saif NA528 No. 37234 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad