ROSHANLAL ALIAS ROSHAN AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/27998/2025 · 2025-10-14
body2025
DailyLaw.ai
[ 2025 DAILYLAW 189146 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 189146 (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. - 27998 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants and learned AGA for the State. The present application under Section 528 BNSS has been filed with a prayer to quash the impugned order dated 24.03.2025 passed by the Court of Additional Sessions, Judge, Court No. 4, Mathura in Criminal Revision No. 184 of 2024 (Roshanlal and others v. State of U.P. and another) arising out of summoning order dated 27.07.2023 passed by the Court of Judicial Magistrate Chhata, District Mathura in Complaint Case No. 711 of 2020 (Purushottam v. Roshanlal and others) under Sections 452, 323 IPC, Police Station-Chhata, District-Mathura. 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 BNSS. 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 apply for bail before the concerned Versus Counsel for Applicant(s) : Dinesh Kumar Singh Counsel for Opposite Party(s) : G.A. Roshanlal Alias Roshan And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by 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, no coercive measures shall be taken against the applicants. With the above observations, this application under Section 528 BNSS is disposed of.
October 15, 2025 Aditya Tripathi NA528 No. 27998 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad