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2025 DAILYLAW 102095 (ALL)

RAJESH YADAV AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/38217/2025 · 2025-10-05

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38217 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA appearing for the State. 2. This present application has been filed for seeking quashing of cognizance order dated 31.08.2024 and entire proceeding of Computerized Registration Case No.21154 of 2024 (State Vs. Rajesh and others), arising out of Case Crime No.0027 of 2024, under Sections 2/3 of Prevention of Damage to Public Property Act, P.S. Kotwali Ghosi, District Mau, pending in the court of learned Chief Judicial Magistrate, Mau. 3. On perusal of the narration of FIR as well as impugned order and chargesheet, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along entire criminal proceedings of the said case, can be set aside. 4. Accordingly, the prayer sought through the instant application, is refused. 5. Lastly, learned counsel for applicants has submitted that liberty may be granted to applicants to surrender before the court concerned and apply for bail to which learned AGA has no objection. Versus Counsel for Applicant(s) : Ravindra Kumar Counsel for Opposite Party(s) : G.A. Rajesh Yadav And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of four weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 7. However, it is made clear that till four weeks from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case. October 6, 2025 Vivek Kr. NA528 No. 38217 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad