Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40625 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The present application under Section 528 BNSS has been filed with a prayer to allow the present application and quash the summoning order dated 01.02.2014 passed by Chief Judicial Magistrate, Chittrakoot, District Chittrakoot as well as entire proceeding of Complaint Case No. 2361 of 2011 (Rajesh v. Radheshyam and others) under Sections 323, 504, 506 and 392 IPC, Police Station Raipura, District Chittrakoot. It has been submitted by learned counsel for the applicant that the applicant is the distant relative of wife of the opposite party No. 2 and has been falsely implicated with the mala fide intent. The summoning order issued in the year 2014 was not served upon the applicant and the order issuing non-bailable warrant securing the presence was issued on 26.11.2024. It has further been submitted by learned counsel for the applicant that the applicant is ready to participate in the court proceedings. In case the applicant cooperates in the court proceedings, no coercive measures be taken against the applicant. Versus Counsel for Applicant(s) : Shiv Babu Dubey Counsel for Opposite Party(s) : G.A. Suresh Prasad Patel .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
It is made clear that in case, the applicant does not cooperate in the court proceeding, trial Court is free to proceed against the applicant. As the summoning order was issued in the year 2014, the trial proceedings have been delayed. The trial Court is accordingly, directed to get the trial expedited. With the above observations, this application under Section 528 BNSS is disposed of. October 17, 2025 Aditya Tripathi NA528 No. 40625 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad