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2025 DAILYLAW 194140 (ALL)

ARUN v. STATE OF U.P. AND ANOTHER

NA528/31253/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31253 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Shri Dinesh Kumar Mishra, learned counsel appearing on behalf of the applicant and the learned AGA. 2. Present application u/s 528 BNSS has been preferred with a prayer to quash the charge sheet no.180 of 2020 and dated 01.06.2020 as well as cognizance and summoning order dated 05.10.2020 passed by learned Chief Judicial Magistrate, Amroha in Case no.4925 of 2020 (State vs. Arun) arising out of Case crime no.535 of 2019 under Section 382, 506 IPC, Police Station Gajraula District Jyotibaphulenagar pending in the court of learned Chief Judicial Magistrate, Amroha. 3. At the very outset, learned counsel for the applicant submitted that anticipatory bail has already been extended by Coordinate Bench of this court vide order dated 27.1.2020. Till the submission of the police report under Section 133 Cr.P.C, charge sheet has already been preferred on dated 1.6.2020. It is admitted fact at the behest of learned counsel for the applicant that in respect of order dated 5.10.2020 through which cognizance of offence has been taken up by the court of learned Chief Judicial Magistrate, Amroha and applicant has been summoned, applicant never appeared before concerned court which culminated into bailable warrants issued against the applicant since 28.4.2023. Once the same has been continued till 13.06.2025 the same has been brought to the notice of the applicant by some reliable sources and thereafter instant application has been preferred for challenging the entire proceedings alongwith the charge sheet and summoning order issued by learned Chief Judicial Magistrate on dated 5.10.2020. 4. Prayer as made through the instant application is hereby refused. 5. Considering the delay caused due to non-appearance of the applicant within stipulated time as granted by learned court concerned, delayed the entire proceedings of trial and as such applicant is hereby directed to appear before learned court Versus Counsel for Applicant(s) : Dinesh Kumar Counsel for Opposite Party(s) : G.A. Arun .....Applicant(s) State of U.P. and Another .....Opposite Party(s) concerned within four weeks. 6. However, it is made clear that till four weeks no coercive action shall be initiated against the applicant in Case no.4925 of 2020 (State vs. Arun) arising out of Case crime no.535 of 2019 under Section 382, 506 IPC, Police Station Gajraula District Jyotibaphulenagar pending in the court of learned Chief Judicial Magistrate, Amroha. . 7. In view of aforesaid instant application stands disposed of. October 13, 2025 Rakesh NA528 No. 31253 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad