KOMAL NIGAM AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/11378/2025 · 2025-04-07
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38120 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38120 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:50806 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11378 of 2025 Applicant :- Komal Nigam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajkumar Verma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Raj Kumar Verma, learned counsel for the applicant and Sri Jyoti Singh, learned AGA for the State.
2. This application u/s 528 of BNSS has been filed for quashing the entire proceedings of Complaint Case No. 2161 of 2016 (Soniya Vs. Komal and others) under Sections 498A, 323, 504, 506 IPC and Section 3/4 of DP Act, P.S. Kotwali Hathras, District Hathras, pending in the Court of Chief Judicial Magistrate, Hathras along with summoning order dated 16.11.2016, N.B.W. order dated 21.04.2022, order of 82 Cr.P.C. dated 21.03.2023 and of 83 Cr.P.C. dated 18.11.2023 passed by Chief Judicial Magistrate, Hathras.
3. Learned counel for the applicant submits that the applicants have been falsely implicated in the case, they are innocent.
4. Learned AGA, on the other hand, submits that the order sheet reveals that on 21.04.2022 non-bailable warrants were issued and thereafter, on 21.03.2023 proceedings under Section 82 of the Cr.P.C. was initiated followed on 18.11.2023 under Section 83.
5. Having heard the submissions so made across the bar, the Court does not find the present case a fit case for interference particularly when the summoning order is of the year 2016 and the proceedings
under Sections 82 and 83 have already been initiated as noticed above.
6. Accordingly, the applicant is consigned to record.
7. It is always open for the applicant to prefer an application for enlargement on bail. Once a bail application is preferred then the same shall be considered with most expedition strictly as per the law of the land without any delay. Order Date :- 8.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad