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2025 DAILYLAW 50861 (ALL)

AWANI GARG v. STATE OF U.P. AND ANOTHER

NA528/14891/2025 · 2025-05-26

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89879 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14891 of 2025 Applicant :- Awani Garg Opposite Party :- State of U.P. and Another Counsel for Applicant :- Purushottam Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Purushottam Mani Tripathi, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. for the State. 2. Though the instant application under Section 528 of BNSS has been filed for quashing the summoning order dated 03.06.2024 passed by the learned Additional Chief Judicial Magistrate, Court No.-6 Ghaziabad, whereby he has summon the applicant for facing trial under Sections 138 of the Negotiable and Instrument Act 1881 in Complaint Case No. 6556 of 2023 (M/s Aarnav Iron and Steel Versus Awani Garg), Police Station Kotwali, District Ghazaibad and the entire proceedings arising thereto on the basis of the impugned complaint case, pending in the Court of concerned Judicial Magistrate, Ghaziabad, however, he seeks enlargement on bail on the application if preferred before the court below. 3. Learned A.G.A. has no objection to the same. 4. In view of the nature of offence involved in the instant case and looking at the prayer pressed by the learned counsel for the applicant, the instant application is disposed of with a direction that if the applicants appears before the trial court within a period of four weeks from today, their bail applications shall be considered and decided on the same date, in accordance with law by the learned trial court. Thereupon, their application for appearance through counsel shall be considered in accordance with the provisions of Section 205 of Cr.P.C. 5. Passing of this order may not be construed to be an expression that this case has been adjudicated on merit. Order Date :- 27.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad