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2025 DAILYLAW 163474 (ALL)

SUNIL KUMAR SHUKLA AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NA528/1199/2025 · 2025-09-16

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1199 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 records. 2. Instant application has been filed with the prayer to quash the impugned entire proceeding of criminal case no.438 of 2025 under sections 115(2), 352, 351(3), 3(5), 333, 324(2) of B.N.S. and cognizance order dated 17.04.2025 as well as the charge sheet dated 17.03.2025. 3. Learned counsel appearing for the applicants submits that the applicants are not the aggressor and the first information report has been lodged against all the family members including the children of 6 and 9 years of age, though, after investigation both names of the accused persons have been dropped. He added that applicants nos. 1 and 2 are the employees of the medical & health department and the applicants were requesting to the investigating officer to call the records of the Office to ensure that they were present on the same date and time in the office, but the same has been ignored and the chargesheet has been filed in a cursory manner. He next added that the further investigation is required so as to consider the important evidence which has been left to be collected by the Investigating Officer. 4. After the aforesaid arguments, counsel for the applicants submits that he may be given liberty to move an application before the trial court concerned with the prayer for a direction for further investigation in the matter. Versus Counsel for Applicant(s) : Pravin Kumar Singh Counsel for Opposite Party(s) : G.A. Sunil Kumar Shukla And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) 5. Learned counsel appearing for the State has no objection to the contentions aforesaid. 6. In view of the foregoing reasons and submissions, the applicants are given liberty to move an application under the relevant provisions of Cr.P.C. while praying for further investigation in the matter before the trial court, within a period of 10 days and if such an application is moved, the same shall be considered and decided by the trial court, within further period of 30 days. 7. Accordingly, the application is disposed of. September 16, 2025 Mayank NA528 No. 1199 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench