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2025 DAILYLAW 27460 (ALL)

SMT. PUSHPA AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/7884/2025 · 2025-03-09

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34446 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 7884 of 2025 Applicant :- Smt. Pushpa And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dilip Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This Application U/S 528 BNSS has been filed with the following prayer:- " It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pelased to quash the summoning order dated 22.08.16 and ex-party summoning order dated 29.11.18 and Bailable Warrant order dated 08.08.2022 passed by Assistant Chief Judicial Magistrate, Court No.7, District Agra in Complaint Case No.848/2016 (Dinesh Vs. Smt. Pushpa & others) under Section 494 of I.P.C., P.S. Jagdishpura, Agra in the interest of justice otherwise applicants shall suffer irreparable loss and injury." 3. Perusal of record shows that earlier the applicants have filed an application under Section 482 Cr.P.C. for quashing of impugned proceedings vide Application U/s 482 No.31089 of 2017 and that matter is still pending. Thus, this application under Section 528 BNSS in respect of prayer of quashing of the summoning order dated 22.08.2016 and 29.11.2018, is not maintainable. So far as the order dated 08.08.2022 is concerned, this application U/s 482 Cr.P. C. has been filed with long and undue delay. Further, whether the bailable warrants have been issued by the trial Court violating the interim order passed in Application U/s 482 No.31089 of 2017, the same can only be considered in that case by appropriate Bench. 4. Considering entire facts no case for invoking powers under Section 528 BNSS is made out. The application U/s 528 BNSS is dismissed. 5. The certified copies available on record may be returned to the learned counsel for the applicant by retaining photocopy of the same on record. Order Date :- 10.3.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad