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2025 DAILYLAW 59863 (ALL)

OMVEER AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/17704/2025 · 2025-07-27

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123878 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 17704 of 2025 Applicant :- Omveer And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet No.284 of 2024 dated 30.11.2024, cognizance order dated 13.01.2025 as well as entire proceeding of Criminal Case No.141 of 2025 (State of U.P. Vs. Omveer and others) arising out of Case Crime No.262 of 2024, under Sections 115(2), 352, 351(3), 324(4), 118(1), 117(2) B.N.S., P.S. Dilari, District Moradabad pending in the court of Civil Judge (Junior Division)/Judicial Magistrate- Thakurdwara, Moradabad. 3. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. He next submits that all the offence are below seven years offence. 4. Learned A.G.A. vehemently opposed the prayer made by learned counsel for the applicants. 5. Accordingly, the prayer made by learned counsel for the applicants is refused. 6. However, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 7. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. 8. With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 28.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad