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2025 DAILYLAW 163721 (ALL)

PRADEEP KUMAR YADAV @ PRADEEP YADAV AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND ANOTHER

NA528/1191/2025 · 2025-09-11

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1191 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The instant application under Section 482 Cr.P.C has been filed for quashing the entire criminal proceedings initiated against applicants arising out of F.I.R. No.51 of 2025 dated 13.3.2025 under Section 191(2), 115(2), 117(2), 351(3), 324(2), 333, 110 BNS, 2023, Police Station Kohondaur, District Pratapgarh, charge sheet no.56/2025 dated 14.4.2025 under Section 191(2), 115(2), 351(3), 324(2), 110, B.N.S. 2023, cognizance and summoning order dated 10.7.2025 passed under Sections 191(2), 115(2), 351(3), 324(2), 110 B.N.S., 2023 against applicants in Criminal Case No.Nil/2025 (State Vs. Pradeep Yadav and others) passed by Additional Civil Judge (J.D.)/J.M., Room No.23, Pratapgarh. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicants have not committed alleged offence. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicants. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicants on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. At this stage, learned counsel for the applicants submits that they do not Versus Counsel for Applicant(s) : Umesh Chandra, Desh Raj Chaurasiya Counsel for Opposite Party(s) : G.A. Pradeep Kumar Yadav @ Pradeep Yadav And 6 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, Lko. And Another .....Opposite Party(s) want to press the application and seek liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants. 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 versus Central Bureau of Investigation and another (supra). Further, the applicants will have an opportunity at the appropriate stage to move 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 trial court, the trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. The application is disposed off accordingly. September 11, 2025 Ram Murti NA528 No. 1191 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench