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2025 DAILYLAW 24186 (ALL)

VINOD AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/7409/2025 · 2025-10-07

Nand Prabha Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 7409 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Supplementary affidavit filed today in Court is taken on record. Heard learned counsel for the applicants and learned AGA for the State. The present application under Section 528 BNSS has been filed with a prayer to allow this application and quash the summoning order dated 01.12.2022 as well as entire proceedings of Complaint Case No. 10865 of 2021 (Yogendra v. Vinod and others) under Sections 147, 323, 504 IPC, Police Station Ranipur, District Mau pending in the court of learned Judicial Magistrate, Mau. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 BNSS. Only in cases, where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required. Accordingly, prayer of the applicants is refused. However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants apply for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case Versus Counsel for Applicant(s) : Mukul Yadav, Rajesh Yadav Counsel for Opposite Party(s) : G.A. Vinod And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, no coercive measures shall be taken against the applicants. With the above observations, this application under Section 528 BNSS is disposed of. October 8, 2025 Aditya Tripathi NA528 No. 7409 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad