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2025 DAILYLAW 172370 (ALL)

RAJAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/39658/2025 · 2025-10-27

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39658 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. This application under section 528 BNSS has been filed to quash the summoning order dated 22.10.2024 as well as entire proceedings of Complaint No. 4264 of 2024 (Rajveer Singh vs. Rajan & others), under Sections 323, 504 IPC, Police Station-Bewar, District Mainpuri pending in the Court of Judicial Magistrate, Mainpuri. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 B.N.S.S. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required. Accordingly, prayer of the applicants is refused. However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants applies for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by Versus Counsel for Applicant(s) : Sunil Kumar Srivastava Counsel for Opposite Party(s) : G.A. Rajan And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in Complaint No. 4264 of 2024 (Rajveer Singh vs. Rajan & others), under Sections 323, 504 IPC, Police Station-Bewar, District Mainpuri. With the above observations, this application under Section 528 B.N.S.S. is disposed of. October 28, 2025 P.P. NA528 No. 39658 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad