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2025 DAILYLAW 20905 (ALL)

ABDUL BARI v. STATE OF U.P. AND ANOTHER

NA528/18178/2025 · 2025-10-08

Vikram D Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18178 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for applicants, learned counsel for opposite party no.2 and learned AGA for the State. 2. The present application has been filed by applicant for quashing the impugned order dated 19.12.2024 passed by the Court of learned Sessions Judge, Ghaziabad in Case No.1374 of 2024 (Abdul Bari Vs. State of U.P. and another) as well as order dated 27.08.2024 passed by learned Civil Judge (Junior Division)/Judicial Magistrate, F.T.C. Ghaziabad in Complaint No.2245 of 2022 (Mohd. Asad Khan Vs. Jamiya Education and Welfare Foundation), Police Station Kavi Nagar, District Ghaziabad under Section 143 of N.I. Act. 3. It is submitted by learned counsel for applicant that by means of impugned order 10% of the cheque amount has been directed to be deposited within 60 days. Learned counsel for applicant submits that the ends of justice would be served if the aforesaid amount as directed by order dated 27.8.2024 is permitted to be deposited with the court concerned within three weeks. 4. Learned counsel for opposite party no.2 has no objection. 5. In view of the statement of learned counsel for the parties, let the amount as directed by order dated 27.8.2024 be deposited within three weeks from today. In the event the amount is deposited, the same shall be Versus Counsel for Applicant(s) : Anand Pati Tiwari, Piyush Kumar Tripathi Counsel for Opposite Party(s) : Dhirendra Mohan Chaudhary, G.A. Abdul Bari .....Applicant(s) State of U.P. and Another .....Opposite Party(s) kept in a fixed deposit account bearing interest in a nationalized bank and would be subject to final decision of the criminal proceedings against applicant. 6. With the aforesaid observation/direction, the application under Section 528 BNSS is disposed off. October 9, 2025 D. Tamang NA528 No. 18178 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad