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2025 DAILYLAW 2860 (ALL)

SHOYAB AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

NA528/50849/2025 · 2026-05-04

Sanjay Kumar Pachori

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 50849 of 2025 Court No. - 76 HON'BLE SANJAY KUMAR PACHORI, J. Sri Gufran Ali, learned counsel for the applicants, Sri Sumit Goyal, learned counsel for the private opposite party no. 4 and Sri Karunakar Singh, learned A.G.A. for the State are present. The present application u/s 528 of BNSS of 2023 has been filed with prayer to quash the entire proceedings of Special Case No. 2394 of 2023, arising out of Case Crime No. 107 of 2023, under Sections 363, 366A, 120B of IPC and Sections 16/17 of POCSO Act, P.S. Chilkana, District Saharanpur as well as cognizance/summoning order dated 12.10.2023, pending in the Court of Special Judge (Gangsters Act)/Additional Sessions Judge, Court No. 13, Saharanpur. Learned counsel for the applicants fairly admits that the fact witnesses have been examined before the trial court. After some arguments, learned counsel for the applicants does not want to press the present Versus Counsel for Applicant(s) : Gurfan Ali Counsel for Opposite Party(s) : G.A., Sumit Goyal Shoyab And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) application. In view of above, the present application u/s 528 of BNSS of 2023 is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction. Certified copies of the relevant documents be returned to learned counsel for the applicants after retaining a photocopy of the same. May 5, 2026 MAA/- NA528 No. 50849 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad