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2025 DAILYLAW 193251 (ALL)

MAN SINGH @ ANURAG SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/39301/2025 · 2025-10-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39301 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants and learned AGA for the State. The present application under Section 528 B.N.S.S. has been filed by the applicants with a prayer to allow this application and to quash/set aside the impugned order dated 06.08.2025 passed by learned Session Judge, Shahjahanpur in Criminal Revision No. 19 of 2024 (Man Singh @ Anurag Singh and others Vs. Nanhi Devi and another) as well as summoning order dated 08.11.2023 passed by Additional Civil Judge (Junior Division), Court No. 32, Shahjahanpur in Complaint Case No. 13962 of 2023, (Nanhi Devi Vs. Man Singh and others) under Sections 307, 323, 504, 506 IPC, Police Station Meeranpur Katra, District Shahjahanpur, pending in the Court of learned Civil Judge (Junior Division), Court No. 32, Shahjahanpur. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicant nos. 2, 3 and 4. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under 528 section B.N.S.S. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process and miscarriage of justice. Therefore, no interference is required. Accordingly, prayer of the applicant nos. 2, 3 and 4 is refused. Versus Counsel for Applicant(s) : Mukti Nath Dwivedi Counsel for Opposite Party(s) : G.A. Man Singh @ Anurag Singh And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicant nos. 2, 3 and 4 apply for bail before the concerned court within four weeks from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive measures shall be taken only against the applicant nos. 2, 3 and 4 With the above observations, this application under Section 528 B.N.S.S. is disposed of in terms of applicant nos. 2, 3 and 4. So far as Applicant No. 1 is concerned, the present application is disposed of with a direction that in case the applicant moves an application for grant of bail before the court concerned under Sections 307, 323, 504, 506 IPC, the same may be decided expeditiously in accordance with law. In case, the applicant no. 1 does not cooperate in the trial proceedings, the Court is free to proceed against him. October 17, 2025 Puspendra NA528 No. 39301 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad