MAHAVEER PRASAD JAIN AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS
NA528/9458/2025 · 2025-03-31
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32458 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32458 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:44348 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9458 of 2025 Applicant :- Mahaveer Prasad Jain And 5 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dhiraj Srivastava,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Anil Srivastava, learned Senior Counsel assisted by Shri Dhiraj Srivastava, learned counsel for the applicants, Shri Rahul Pandey, learned brief holder for the State and perused the material on record. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the notice dated 22.2.2025 issued by Investigating Officer in Case Crime No. 247 of 2019, under Sections 420, 409, 120-B of I.P.C., Police Station- Khair, District- Aligarh. Learned Senior Counsel for the applicants submits that the applicants are protected by the Division Bench of this Court in Criminal Misc. Writ Petition No 122 of 2025 vide order dated 8.1.2025 till the submission of charge sheet under Section 173(2), Cr.P.C. It is further submitted that the Investigating Officer added Sections 420, 409, 120-B of I.P.C. in place of Section 406, I.P.C. It is further submitted that till the filing of the present petition, police report has not been submitted in the aforesaid case. After some arguments, learned counsel for the applicants does not want to press this application and wants liberty to file appropriate application/proceedings before the court of competent jurisdiction. The instant application is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction. Office shall return the certified copy of the documents to the
learned counsel for the applicants, after retaining a xerox of the same.
Order Date :- 1.4.2025/T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad