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Neutral Citation No. - 2025:AHC:31437 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 6587 of 2025 Applicant :- Arjit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J
1. Learned counsel for the applicants is permitted to make correction in the prayer clause of the application under Section 528 BNSS during course of the day.
2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
3. This application u/s 528 B.N.S.S. has been preferred for quashing of the entire proceedings, including order dated 03.10.2024, of Complaint Case No. 781 of 2023 and Session Case No. 1397 of 2024 (State Vs. Natthu Lal and Others), under Section - 395 I.P.C., Police Station - Dataganj, District - Budaun, pending in the court of Special Judge (Dacoity Affected Area) Budaun/Additional District Judge, Court No.5th, Budaun.
4. Perusal of record shows that earlier the applicants and co- accused persons have filed an Application u/s 482 Cr.P.C. No. 31701 of 2024 for quashing of proceedings and summoning order of aforesaid case, which was dismissed by the co-ordinate Bench of this Court vide order dated 26.09.2024. After that this application under Section - 528 B.N.S.S. has been preferred seeking same prayer of quashing of proceedings of the aforesaid case. Thus, this application under Section - 528 B.N.S.S. in respect
of prayer of quashing of proceedings is not maintainable.
5. So far the impugned order dated 03.10.2024, is concerned, by that order non bailable warrants have been issued against applicants. Considering facts of the matter, it is directed that in case applicants appear / surrender before the Court concerned within a period of three weeks from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicants appear / surrender before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
6. The application under Section - 528 B.N.S.S. is disposed of in above terms. Order Date :- 5.3.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad