KRISHNA MURARI VERMA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/1581/2025 · 2025-10-28
Pramod Kumar Srivastava
body2025
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Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1581 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard, learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The instant application has been filed for the gracious quashing of the entire proceeding of Session Case No. 895 of 2024 (State Vs. Krishna Murari Verma & Other), which arises out of Case Crime No. 12 of 2025, registered under Sections 115(2), 352, 351(2), 126(2) B.N.S. and Sections 3(1)(r), 3(1)(s) of the S.C./S.T. Act, 1989, at Police Station Biswan, District Sitapur, and is currently pending in the court of Special Judge (S.C./S.T. Act), Court No. 46, District Sitapur, as contained in Annexure No. 01 to this petition. Furthermore, it is prayed that this Hon'ble High Court may be pleased to stay the proceedings of the aforesaid Case during the pendency of the present application under Section 528 B.N.S.S. in the interest of justice. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicants have not committed alleged offence. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicants. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicants on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. At this stage, learned counsel for the applicants submits that they do not want to press the application and seek liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court in the case of Versus Counsel for Applicant(s) : Ram Karan, Anubhav Verma Counsel for Opposite Party(s) : G.A. Krishna Murari Verma And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51.
Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). The application is disposed off accordingly. October 28, 2025 Haseen U. NA528 No. 1581 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench