Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 17600 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application under Section 528 BNSS has been filed with a prayer to quash the entire proceedings of Case No. 6922 of 2022 (State v. Sunil Kumar) arising out of Case Crime No. 76 of 2021 under Sections 420, 467, 468, 471 IPC, Police Station Ahmadgarh, District Bulandshahar. It has been submitted by learned counsel for the applicant that the applicant has been falsely implicated on the basis of false and concocted story with an ulterior motive as a civil dispute between the parties is pending. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. Accordingly, prayer for quashing is declined. However, in the interest of justice, it is provided that in case the applicant moves an application for discharge at an appropriate stage through Versus Counsel for Applicant(s) : Navin Kumar, Sudhir Mehrotra Counsel for Opposite Party(s) : G.A. Sunil Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicant in the aforesaid case. With the aforesaid direction, this application is disposed of. September 10, 2025 Aditya Tripathi NA528 No. 17600 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad