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2025 DAILYLAW 2663 (ALL)

BHANU ALIAS MANU ALIAS RISHABH CHAURASIYA v. STATE OF U.P. AND ANOTHER

NA528/51464/2025 · 2026-05-14

Nand Prabha Shukla

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 51464 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Kapil Dwivedi, learned counsel for the applicants, Ms. Saumya Dwadash Shreni holding brief of Ms. Shubhangini Dwivedi, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to quash the entire proceeding as well as impugned charge-sheet dated 15.06.2025 and cognizance order dated 03.10.2025 in Case Crime No.0132 of 2024, under Section 498-A, 354, 323, 504, 506, 376 of I.P.C. & Section 3/4 of the D.P. Act, Police Station Kydganj, Commissionerate Prayagraj, pending in the court of learned Additional Chief Judicial Magistrate, Court No.5, Allahabad. 3. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that 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. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. 4. Accordingly, prayer for quashing is declined. 5. In case, the applicants are not on bail, it is directed that if the applicants appear or surrender through counsel before the Trial Court and makes an Versus Counsel for Applicant(s) : Devesh Kumar Shukla Counsel for Opposite Party(s) : Arun Bhanu Shukla, Shubhangini Dwivedi, G.A., Ram Raksha Tiwari Bhanu Alias Manu Alias Rishabh Chaurasiya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously, after giving opportunity to the other side. 6. However, in the interest of justice, it is further provided that in case the applicants move an application for discharge at an appropriate stage through counsel within 45 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. 7. For a period of 45 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case. 8. With the aforesaid direction, this application is disposed of. May 15, 2026 Aditya Tripathi NA528 No. 51464 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad