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2025 DAILYLAW 19110 (ALL)

SHOBHNATH DUBEY v. STATE OF U.P. AND ANOTHER

NA528/5162/2025 · 2025-03-16

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37444 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 5162 of 2025 Applicant :- Shobhnath Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- P.K. Singh,Ramesh Kumar Yadav Counsel for Opposite Party :- Bikash Kumar Mishra,G.A. Hon'ble Sanjay Kumar Pachori,J. Sri P.K.Singh, Advocate holding brief of Sri Bikiash Kumar Mishra, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present. The present application under Section 528 of BNSS, 2023 has been filed to quash the entire proceedings of Case No. 785 of 2023 (State vs. Shobhnath Dubey), arising out of Case Crime No. 178 of 2020, under Sections 364, 511, 120-B, 363 IPC, P.s. Lalganj, District Mirzapur as well as summoning order dated 12.06.2023, pending the court of Additional Chief Judicial Magistrate, Court No. 1, Mirzapur. After some argument, the learned counsel for the applicant does not want to press the prayer for quashing of entire proceedings as well as summoning order. Accordingly, the prayer for quashing the same is dismissed as not pressed. Learned counsel for the applicant, however, submits that the applicant was released on bail earlier to filing of the charge sheet under Sections 364, 511, 120-B, 363 IPC. The charge sheet has been submitted after adding Section 364 IPC. Considering the submissions of learned counsel for the applicant and perusing the pre summoning evidence, the instant application u/s 528 BNSS is finally disposed of with a direction that in case applicant appears before the court below within two weeks from today, he should be released under Section 364 IPC also on the basis of bail bonds filed by the applicant earlier. Order Date :- 17.3.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad