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2025 DAILYLAW 193499 (ALL)

MUNNA LAL ALIAS BHAGWAN DAS AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/38652/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38652 of 2025 Court No. - 79 Sl. No. 39 HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Shri Satish Chandra Tiwari, learned counsel for the applicants and Smt. Harshita Rani, learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been filed seeking quashing of the entire proceedings of Criminal Case No. 1070 of 2013 (State Vs. Urmila and others) under section 498A, 323 IPC police station Kotwali District Bareilly as well as the charge sheet dated 23.12.2012 arising out of case crime no. 2295 of 2012 police station Kotwali District Bareilly and cognizance/summoning order dated 15.2.2013 passed by the Chief Judicial Magistrate, Barielly pending in the court of Civil Judge(JD) Fast Track Court, Bareilly. 3. Learned counsel for the applicants submits that the instant FIR has been lodged by the opposite party no. 2 against the applicants herein on 31.8.2012 on false allegations. The investigating officer without proper investigation of the case submitted charge sheet on 23.12.2012 and the Magistrate has taken cognizance on 15.2.2013 in a routine manner without applying his mind. In view thereof he seeks quashing of the entire proceedings of the instant case. 4. This court has gone through the records of the case carefully. From the record it is apparent that the charge sheet was submitted on 23.12.2012 Versus Counsel for Applicant(s) : Satish Chandra Tiwari Counsel for Opposite Party(s) : G.A. Munna Lal Alias Bhagwan Das And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) and the cognizance was taken on 15.2.2013 Thereafter summons were issued to the applicants. Despite the summons issued the applicant did not appear before the trial court. In view thereof on 10.6.2019 after about six years of summoning, the bailable warrants have been issued against the applicants and since then more than 6 years have passed and the applicants have succeeded in flouting the bailable warrants issued against them. After about 13 years of the registration of the FIR the applicants have approached this court seeking quashing of the entire proceedings of the instant case. On this ground alone this court does not find any good reason to entertain the instant application after delay of 13 years. 5. For the reasons aforesaid, the application is dismissed. October 14, 2025 o.k. NA528 No. 38652 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad