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2025 DAILYLAW 193026 (ALL)

AVDHESH KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/25379/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25379 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State perused the record. 2. This application has been filed by the applicant to quash the impugned summoning order dated 31.05.2025 in Case No.1119/2025 (State vs. Avdhesh Kumar and others) arising out of N.C.R 02/2024 under Section 115(2), 352, 351(2) B.N.S, Police Station Madhaugarh and District Jalaun pending in the court of Judicial Magistrate, Jalaun. 3. Learned counsel for the applicants submitted that the proceeding initiated against the applicants is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicants and as such the proceedings initiated against the applicants including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this court. 4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicants by way of submitting that the averments whatsoever has been raised by learned counsel for applicants is subject matter of trial and submitted that after considering the material available on record, charge-sheet has been submitted against the applicants upon which learned court concerned has rightly taken cognizance and summoned the applicants. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears to be no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicants. 6. Lastly, it has been argued that applicants be at least permitted to appear before learned court concerned. 7. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. However, four weeks time is hereby extended in favour of applicants for surrendering themselves before learned court concerned. Till four weeks no Versus Counsel for Applicant(s) : Laxmi Narayan Rathour Counsel for Opposite Party(s) : G.A. Avdhesh Kumar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) coercive action shall be initiated against the applicants. After expiry of aforesaid period of four weeks, learned court concerned is directed to proceed as per law. October 14, 2025 Rakesh NA528 No. 25379 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad