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2025 DAILYLAW 194456 (ALL)

BAUA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/17281/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 17281 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Supplementary affidavit preferred on behalf of applicants is taken on record. 2. Heard learned counsel for the parties. 3. Present application has been preferred with prayer to quash the charge sheet dated 23.6.2015, cognizance/summoning order dated 22.2.2016 in Criminal Case no. 133 of 2016 (State vs. Baua and others) arising out of Case Crime no. 305 of 2015 under sections 325, 323, 504 IPC, PS- Bidhoona, District Auraiya, pending in court of learned Civil Judge (Junior Division)/Judicial Magistrate, Bidhoona, Auraiya. 4. At the very outset, learned counsel for applicants submitted that applicants have already been granted bail vide order dated 28.3.2016 and as per learned counsel for the applicants, they was cooperating with learned trial court till 5.3.2018 and thereafter due to non-presence of applicants before learned concerned court, it culminated into non-bailable warrant order dated 9.4.2018 and thereafter proceeded in pursuance to Section 82 of Cr.P.C. vide order dated 29.4.2025. 5. Now the applicants are ready to appear before learned court concerned in pursuance to warrants issued against them, however certain time has been sought through supplementary affidavit preferred at the behest of applicants. Versus Counsel for Applicant(s) : Chandan Singh, Harikrishna Tiwari, Narendra Singh Counsel for Opposite Party(s) : G.A. Baua And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. Learned AGA although vehemently opposed the prayer sought through instant application but did not objected the innocuous prayer made by learned counsel for applicants, to permit applicants to appear before court concerned. 7. Considering the arguments so raised by learned counsel for the applicants as well as prayer sought through the instant application, all the applicants are directed to appear on or before 31.10.2025 before learned concerned court. 8. However, it is made clear, the other prayer mentioned through instant application are hereby declined. 9. The instant application u/s 528 BNSS stands disposed of accordingly. October 13, 2025 Shaswat NA528 No. 17281 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad