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2025 DAILYLAW 191863 (ALL)

NAGMA v. STATE OF U.P. AND ANOTHER

NA528/31671/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31671 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned A.G.A. appearing for the State. 2. The present application has been filed for seeking quashing of charge- sheet dated 15.03.2022 along with cognizance/summoning order dated 16.04.2022 passed by learned Chief Judicial Magistrate, Hapur and the entire proceeding of Case No.3278 of 2022 (State vs. Nagma) arising out of Case Crime No.107 of 2021, under section 306 IPC, P.S. Hafijpur, District- Hapur, pending in the court of learned Chief Judicial Magistrate, Hapur. 3. On perusal of the narration of FIR as well as impugned order and charge- sheet, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with charge-sheet and entire criminal proceedings of the said case, can be set aside. 4. Accordingly, the prayer sought through the instant application, is refused. 5. Lastly, learned counsel for applicant submitted that liberty may be granted to applicant to surrender before the court concerned and apply for bail to which learned AGA has no objection. 6. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of four weeks from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Versus Counsel for Applicant(s) : Chandrajeet Counsel for Opposite Party(s) : G.A. Nagma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 7. However, it is made clear that till four weeks from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case. October 14, 2025 Saif NA528 No. 31671 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad