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2025 DAILYLAW 55087 (ALL)

BREJESH GUPTA v. STATE OF U.P. AND ANOTHER

NA528/16951/2025 · 2025-05-14

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81699 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16951 of 2025 Applicant :- Brejesh Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A. 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 summoning order dated 21.11.2012 as well as NBW order dated 17.03.2025 passed by learned Additional Chief Judicial Magistrate-Ist, Shahjahanpur in Case No.4449 of 2012, arising out of Case Crime No.258 of 2006, under Section 3/7 Essential Commodities Act, P.S. Madnapur, District Shahjahanpur. 3. On perusal of the narration of FIR as well as impugned order alongwith 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, 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 order dated 17.03.2025 issued against him in the said case to which learned AGA has no objection. 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 17.03.2025 issued against him, no coercive action shall be taken against applicant herein in pursuance of said case till three weeks. Order Date :- 15.5.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad