RAM PRAKASH AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/31234/2025 · 2025-10-26
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[ 2025 DAILYLAW 171295 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 171295 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31234 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State perused the record.
2. This application has been filed by the applicants to quash the entire proceeding as well as Charge Sheet dated 04.04.2025 alongwith cognizance/summoning order dated 17.07.2025, passed by Civil Judge (J.D.)/J.M.-II, Aonla, District Bareilly in Case No.477 of 2025 (State of U.P. vs. Ram Prakash & Others) arising out of Case crime no.96 of 2025 under Sections 191 (2), 191 (3), 115(2), 352, 351 (2), 333 of B.N.S, Police Station Sirauli District Bareilly, pending in the court of Civil Judge (J.D.)/J.M.-II, Aonla, District Bareilly.
3. Learned counsel for the applicants submitted that the proceeding initiated against the applicants is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicants and as such the proceedings initiated against the applicants including the impugned charge-sheet and cognizance/summoning
order are liable to be quashed by this court.
4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicants by way of submitting that the averments whatsoever has been raised by learned counsel for applicants is subject matter of trial and submitted that after considering the material available on record, charge-sheet has been submitted against the applicants upon which learned court concerned has rightly taken cognizance and summoned the applicants.
5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears to be no illegality and impropriety in the impugned charge-sheet and cognizance/summoning
order and as such learned court concerned has rightly proceeded against the applicants. Versus Counsel for Applicant(s) : Darwari Lal Counsel for Opposite Party(s) : G.A. Ram Prakash And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. In view thereof, the instant application under Section 528 BNSS lacks merit and is hereby dismissed.
7. However, it is made clear that this order shall not preclude the applicants from availing the remedies which are available to him as per law. October 27, 2025 Rakesh NA528 No. 31234 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad