ASHARAM AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/1167/2025 · 2025-09-16
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162802 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162802 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1167 of 2025 Court No. - 14 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 Case No. 2889 of 2024 arising out of Case Crime No. : 373 of 2024, Under Section 115(2),352,351(3),333 BNS, Police Station Maurawan, District: Unnao, Pending in the court of Judicial Magitrate, Purwa, District : Unnao. as well as chargesheet dated 03.12.2024 and summoning order dated 20.12.2024 passed by Judicial Magistrate, Purwa, District: Unnao (Contained as Annexure No.1 to this petition), during the pendency of the 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 Versus Counsel for Applicant(s) : Uma Kant Gupta Counsel for Opposite Party(s) : G.A. Asharam And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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 off accordingly. September 16, 2025 Mohd. Sharif NA528 No. 1167 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench