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2025 DAILYLAW 28942 (ALL)

SHANTI BABU SHARMA v. STATE OF U.P.

NA528/8891/2025 · 2025-03-18

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39566 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8891 of 2025 Applicant :- Shanti Babu Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Anita Mishra,Swadesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 528 B.N.S.S. has been filed with the prayer to quash the entire proceedings, including order dated 28.01.2025, of Complaint Case No. 1374 of 2007 (Laturi Singh Vs. Branch Manager, Gram Vikas Bank Limited and another) (New Case No.1368 of 2014), under Sections 406, 420, 467, 468, 471 IPC, P.S.- Soro, District- Kasganj (Etah), pending in the court of Chief Judicial Magistrate, Kasganj. 3. Perusal of record shows that earlier the applicant has filed application under Section 482 Cr.P.C. No.462 of 2010, wherein by order dated 11.01.2010 applicant was given liberty to file discharge application before the trial Court concerned. It appears that in pursuance to that order, discharge application was filed on behalf of applicant, which has been rejected by the court concerned vide order dated 14.09.2010. By impugned order dated 28.01.2025 non-bailable warrants have been issued against applicant. The complete order-sheet of the court has not been brought on record. 4. It was submitted by learned counsel for the applicant that after filing of discharge application, applicant has no knowledge of the said case as he was transferred to another district and thus he could not appear before the trial Court concerned. It is further submitted that applicant is willing to appear before the trial Court concerned and till then protection may be granted to the applicant. 5. In view of aforesaid, it is directed that in case applicant surrenders before the trial court concerned within a period of two weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with law by the court concerned. 6. The application u/s 528 B.N.S.S. is disposed of with aforesaid observations. Order Date :- 19.3.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad