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Neutral Citation No. - 2025:AHC:133466 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 9) Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 8417 of 2025 Applicant :- Satish Chandra Goel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Mishra,Jyoti Kumari Jaiswar,Shri Krishna Mishra Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Ajay Mishra, learned counsel for the applicant and Sri Rajesh Kumar Gupta, learned A.G.A. for the State.
2. The instant application under Section 528 BNSS has been filed seeking quashing of the charge sheet dated 5.2.2019, summoning
order dated 13.2.2019 and the entire proceedings of Case No. 2687 of 2021 (State vs. Devendra Singh and others) arising out of Case Crime No. 360 of 2018 under Section 420, 467, 468, 471, 120B I.P.C., Police Station-Bidhuna, District-Auraiya, pending in the court of Chief Judicial Magistrate, Auraiya.
3. Learned counsel for the applicant submits that the applicant was not named in the FIR and his name surfaced during investigation of the case as the introducer of the main accused, who has impersonated the opposite party no. 2 while executing the sale deed. Therefore, learned counsel for the applicant seeks quashing of the instant proceedings against the applicant as he submits that the applicant has not availed any benefit out of the said transaction between the parties.
4. In the instant case, charge sheet was filed on 5.2.2019 and the applicant along with other accused persons were summoned vide summoning order dated 13.2.2019, however the applicant has deliberately avoided the process and non-bailable warrant has already been issued against the applicant. In view thereof, this Court do not find any good reason to interfere in the instant case at this belated stage i.e. after six years of the summoning order passed against the applicant. It is also noted that another
Application U/S 482 No. 24828 of 2019, Kallu @ Radha Kishan And Another vs. State of U.P. and Another, was filed by the co- accused- Kallu and others wherein the prayer was for quashing of the instant proceedings and that application was rejected by this Court vide order dated 28.6.2019.
5. Accordingly, the instant application is dismissed.
Order Date :- 7.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad