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2025 DAILYLAW 157471 (ALL)

JIYARAM VERMA AND 2 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/960/2025 · 2025-08-20

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48761 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 960 of 2025 Applicant :- Jiyaram Verma And 2 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ashok Kumar Singh,Ashish Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No.1905 of 2025; State Versus Jiyaram and others, arising out of Case Crime No.480 of 2024, under sections- 115 (2), 352, 351 (2), 333 of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, relating to the Police Station-Kotwali Akbarpur, District- Ambedkar Nagar, pending in the Court of learned Chief Judicial Magistrate, Ambedkar Nagar, as well as impugned chargesheet no.374/24, dated 16.8.2024, submitted by the Investigating Officer against the petitioners, in aforesaid Case Crime number, and impugned cognizance/summoning order dated 6.1.2025, passed by the learned Chief Judicial Magistrate, Ambedkar Nagar, as contained in Annexure nos. 1 and 2 respectively to this petition, in the interest of law and justice." 3. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report. 4. At this stage, learned counsel for the applicants submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. 5. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants. 6. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). 7. Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. 8. The application is disposed of accordingly. Order Date :- 20.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench