ANAND BHAWAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/4282/2025 · 2025-02-12
Vikas Budhwar
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 17724 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17724 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:20971 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4282 of 2025 Applicant :- Anand Bhawan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyan Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Gyan Chandra Yadav, learned counsel for the applicants as well as Sri S.K. Singh, learned AGA for the State/opposite party no.1. 2. This application under Section 528 BNSS has been filed by the applicant to quash the Charge-sheet dated 06.04.2014 and summoning order dated 09.11.2015 and Non-Bailable Warrant (NBW) dated 26.09.2022 issued by Judicial Magistrate, court No.4, Allahabad as well as criminal proceeding of Criminal Case No.2336 of 2015 (State Vs. Anand Bhawan and others) arising out of Case Crime No.185 of 2014 under Sections 147, 323, 504, 506, 308, 427 IPC, Police Station Naini, District Allahabad, pending in the court of Judicial Magistrate, Court No.4, Allahabad,
3. Learned counsel for the applicant submits that pursuant to the lodging of the FIR under Sections 147, 148, 149, 323, 504, 506, 308, and 427 IPC at Police Station Naini, District Allahabad on 20.03.2014, being FIR No. 185 of 2014, the charge-sheet stood submitted and a summoning order was issued on 09.11.2015. However, the applicants have not received any notices and without issuing any bailable warrants, non-bailable warrants came to be issued on 26.09.2022. Relevant averments have been made in
paragraph Nos. 14 and 15 of the application. 4. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the case. 5. At this stage, learned counsel for the applicants submits that suitable direction be issued in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail. 6. Learned AGA on the other hand submits that he has no objection to the same. 7. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of granting liberty to the applicant to prefer appropriate proceedings/ application before the court below then the same shall be considered with most expeditions strictly as per the law laid down in Satender Kumar Antil (supra) without any delay.
Order Date :- 13.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad