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2025 DAILYLAW 193396 (ALL)

VISHAL PATHAK v. STATE OF U.P. AND ANOTHER

NA528/38675/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38675 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard Sri Ankit Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application under Section 528 B.N.S.S. has been preferred to quash the impugned summoning order dated 05.04.2025 passed by the Ld. Judicial Magistrate, Firozabad and entire criminal proceeding in Complaint Case bearing Complaint Case No. 93826 of 2024 (New Number bearing Misc. Case No. 1815 of 2023, Smt. Suman Sharma Vs. Vishal Pathak and others) arising out of Case Crime No. 287 of 2023, under Section 354(Ga), 376, 384, 323, 504, 307, 506 IPC, P.S. Linepar, District Firozabad, pending in the court of Ld. Judicial Magistrate, Firozabad. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated and is facing trial. There is no proof as in what manner the amount of Rs. 16 lakhs was paid to the applicant which is an abuse of the process of the Court. Prima facie, it cannot be said that no offence is made out. Under such circumstances, in case the applicant moves an application for grant of regular bail, the same may be decided expeditiously in accordance with law. With the aforesaid direction, the application is disposed of. October 14, 2025 Nisha Versus Counsel for Applicant(s) : Ankit Mishra Counsel for Opposite Party(s) : G.A. (Nand Prabha Shukla,J.) Vishal Pathak .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad