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2025 DAILYLAW 40776 (ALL)

AKTAR ALI @ AKHTAR v. STATE OF U.P. AND 3 OTHERS

NA528/13078/2025 · 2025-09-14

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13078 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA appearing for the State. 2. This present application has been filed for seeking quashing of chargesheet dated 28.11.2017 along with summoning order dated 19.12.2017 and non-bailable warrant issued vide order dated 07.01.2023 in Special Session Trial No.127 of 2017 (State Vs. Sonu and others), arising out of Case Crime No.823 of 2017, under Sections 363, 366 IPC and Section 16/17 of POCSO Act, P.S. Nagar, District Basti, pending in the court of learned Additional District Judge-I, Basti. 3. On perusal of the narration of FIR as well as impugned order and chargesheet, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with chargesheet, can be set aside. 4. Accordingly, the prayer sought through the instant application, is refused. 5. Lastly, learned counsel for applicant submitted that liberty may be granted to applicant to appear before the court concerned in pursuance of NBW issued against him in the said case to which learned AGA has no objection. Versus Counsel for Applicant(s) : Naveen Kumar Chaubey, Sanjay Srivastava Counsel for Opposite Party(s) : G.A. Aktar Ali @ Akhtar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant appears before the court concerned within a period of three weeks from today in pursuance of NBW order dated 07.01.2023 issued against him, no coercive action shall be taken against applicant herein in pursuance of said case till three weeks. September 15, 2025 Vivek Kr. NA528 No. 13078 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad