SAMAYPAL YADAV AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/22781/2025 · 2025-10-14
body2025
DailyLaw.ai
[ 2025 DAILYLAW 200578 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200578 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22781 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Sri V.K.S.Chandel, learned counsel for applicants and Sri Padmaker Pandey, learned counsel for opposite party no. 2 and learned AGA for State.
2. Present application has been preferred with prayer to quash entire proceeding of Case no. 11277/2025 (State vs. Sudesh Kumar Nagar & others) under sections 324(4), 351(3), 191(2) of BNS, arising out of Case Crime no. 47/2025, registered at Police Station- Surajpur, District Gautam Budh Nagar, charge sheet dated 8.5.2025, and cognizance order dated
2.6.2025.
3. While assailing entire proceeding in shape of charge sheet and cognizance order, it is contended by learned counsel for applicants that applicants have been falsely implicated in the present case. It is apparent from the material available on record that, no one has seen the applicants while committing offence as alleged in the FIR. No CCTV footage has been collected by the Investigating Officer during course of investigation. Without conducting investigation, in fair manner, charge sheet has been submitted, hence the entire proceeding is liable to be set aside.
4. Per contra, learned AGA vehemently opposed the prayer sought through instant application.
5. After hearing the submissions made by the learned counsel for the parties and upon perusal of the record,this Court finds that learned counsel for the Versus Counsel for Applicant(s) : Vinay Kumar Singh Chandel Counsel for Opposite Party(s) : G.A., Padmaker Pandey Samaypal Yadav And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
applicants submitted that applicants have already been granted bail and in pursuance to cognizance order they have been summoned to cooperate with the trial. It is well settled that the inherent powers under Section 528 BNSS are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no legal grounds are available for seeking interference of this Court in trial which is being continued in respect of Case Crime no. 47 of 2025.
6. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. October 15, 2025 Shaswat NA528 No. 22781 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad