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2025 DAILYLAW 191920 (ALL)

SAURABH DADA v. STATE OF U.P. AND ANOTHER

NA528/26724/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26724 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 BNSS has been filed for quashing charge-sheet dated 29.12.2015, cognizance/summoning order dated 19.01.2018 and non-bailable warrant dated 04.12.2021 as well as the entire proceedings of Criminal Case No.9724A of 2021 (Session Trial No.1041 of 2021) (State vs. Subhansh and Others) arising out of Case Crime No.0428 of 2015, under sections 147, 148, 149, 307, 353, 504, 336 IPC and section 7 of Criminal Law (Amendment) Act, P.S. Saurikh, District- Kannauj, pending in the court of learned Special Judge (SC/ST Act), Kannuauj. 3. On perusal of the narration of FIR as well as impugned cognizance 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 cognizance 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 in pursuance to non- bailable warrant dated 04.12.2021 issued against him 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 applicant to appear before learned court concerned in Versus Counsel for Applicant(s) : Vinod Kumar Yadav Counsel for Opposite Party(s) : G.A. Saurabh Dada .....Applicant(s) State of U.P. and Another .....Opposite Party(s) pursuance to non-bailable warrant order dated 04.12.2021 within four weeks from today. Till four weeks from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of four weeks, learned concerned court is directed to proceed as per law. October 14, 2025 Saif NA528 No. 26724 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad