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2025 DAILYLAW 172458 (ALL)

BRIJENDRA MAURYA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/31248/2025 · 2025-10-26

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31248 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 criminal proceeding of Case no. 5021 of 2025 (State vs. Narendra Maurya and others) including the charge sheet no 159 of 2024 dated 05.09.2024 and summoning order dated 18.03.2025 arising out of Case Crime No.120 of 2024 under Sections 323, 504, 506 IPC, Police Station Tezi Bazari, District Jaunpur passed by Judicial Magistrate, 1st, Court No.17, Jaunpur. 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. 6. In view of above, the prayer as made through instant application under Section 528 BNSS is refused and the same is hereby dismissed. Versus Counsel for Applicant(s) : Prem Chand Saroj Counsel for Opposite Party(s) : G.A. Brijendra Maurya And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. At the last learned counsel for the applicants prayed that he may be permitted to appear before learned trial court. It is provided that in case the applicants appear before the court concerned within 15 days from today and move application for bail, if there is no other legal impediment before learned court concerned, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 8. For a period of 15 days from today, no coercive action shall be taken against the applicants. 9. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants. October 27, 2025 Rakesh NA528 No. 31248 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad