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2025 DAILYLAW 193149 (ALL)

CHANDRAKANT TIWARI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/27825/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 27825 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned A.G.A. for State. 2. The present application has been filed for seeking quashing of charge- sheet dated 17.10.2024 along with cognizance/summoning order dated 22.04.2025 and the entire proceeding of Case No.6931 of 2025 (State Vs. Chandrakant Tiwari and others), arising out of Case Crime No.195 of 2024, under sections 115(2), 351(2), 352 BNS, P.S. Bankata, District- Deoria, pending in the court of learned Chief Judicial Magistrate, Deoria. 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 applicants submitted that liberty may be granted to applicants 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 applicants surrender before the court concerned within a period of four weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 Versus Counsel for Applicant(s) : Mahabir Yadav, Sanjay Kumar Counsel for Opposite Party(s) : G.A. Chandrakant Tiwari And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) SCC OnLine SC 825). 7. However, it is made clear that till four weeks from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case. 8. Considering the submissions made by learned counsel for applicants, so far as applicant nos.2 and 3 are concerned, they are permitted to appear before learned court concerned through counsel. 9. However, it is also made clear that applicants will be at liberty to avail all the other legal remedies available at law. October 14, 2025 Saif NA528 No. 27825 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad