AMAR SINGH AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/14959/2025 · 2025-08-20
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51238 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51238 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:144026 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 14959 of 2025 Applicant :- Amar Singh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinav Singh,Ajeet Dixit Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. This is second 528 BNSS application moved on behalf of applicants with a prayer to quash the entire criminal Porceeding & N.B.W. order dated 24/05/2024 Passed by the Chief Judical Magistrate, Saharanpur ( State Vs. Amar Singh and Others) in Criminal Case No.7783 of 2010 arising out of Case Crime No.493 of 2010, under sections 420, 467, 468, 471, 120-B, 504, 506 I.P.C.; P.S. Sadar, District Saharanpur , pending in the Court of Chief Judicial Magistrate, Saharanpur. 3. Counsel for the applicants submits that earlier the applicants filed Applications under Section 482 No. 27666 of 2011 and 31313 of 2011 before this Court and the Co-ordinate Bench of this Court vide orders dated 30.08.2011 and 30.09.2011 disposed of the application of the applicants directing them to appear and surrender before the court concerned within two weeks and four weeks, respectively. 4. From the perusal of the material on record, it is apparent that after getting direction to appear and surrender before the court concerned, the applicants did not appear before the trial court, hence, non bailable warrants have been issued against the applicants on 24.05.2024. Thereafter the applicants have filed instant application. Since last thirteen years, the applicants avoided the summons and bailable warrants and despite order of this Court, the applicants did not appear before the court below, the Court do not find it a fit case to allow the application. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 BNSS. 5. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd.
Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 528 BNSS. 6. The present application under Section 528 BNSS lacks merit and is, accordingly, dismissed. Order Date :- 21.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad