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2025 DAILYLAW 28886 (ALL)

JITA ALIAS JEET SINGH v. STATE OF U.P. AND ANOTHER

NA528/8451/2025 · 2025-03-16

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37412 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 8451 of 2025 Applicant :- Jita Alias Jeet Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Singh Dahiya Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. The instant application under section 528 BNSS has been preferred to quash the order dated 22.11.2024 passed by learned court of Civil Judge (Senior Division) Fast Track Court/Additional Chief Judicial Magistrate, Bulandshahr in Case No.3263 of 2023 (State vs. Jita @ Jeeta Singh) arising out of Case Crime No.16 of 2006, under sections 147, 148, 325, 504, 506, 332, 353 I.P.C. and section 7 of Criminal Law Amendment Act, P.S. Aurangabad, District Bulandshahr, through which learned court concerned has rejected the application preferred on behalf of applicant and issued non-bailable warrant against accused Tej Singh, Ramwati and Rajwati. 3. Learned counsel for petitioner submitted that without considering the police report dated 08.11.2024, learned Magistrate concerned has rejected the application preferred on behalf of the petitioner vide order dated 22.11.2024, which impugned the present application. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the petition and submitted that after considering the material on record, learned concerned court passed the impugned order through which no prejudice has been caused to the petitioner, since the non-bailable warrant has been issued against the accused, not against the applicant. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the order of the learned Magistrate concerned, through which no prejudice has been caused to the applicant. 6. In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed. Order Date :- 17.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad