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2025 DAILYLAW 60715 (ALL)

DEEPCHANDRA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/18293/2025 · 2025-05-20

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85255 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18293 of 2025 Applicant :- Deepchandra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 528 BNSS has been filed for quashing impugned charge-sheet dated 30.05.2011 along with cognizance order dated 28.10.2011 and summoning order dated 20.12.2012 passed by learned Judicial Magistrate, Kaushambi in Case No.1790 of 2011 (State vs. Moti and Others) arising out of Case Crime No.95 of 2011, under Sections 2/3 of Prevention of Damage to Public Property Act, 1984, Police Station- Pipri, District- Kaushmabi as well as to quash the entire proceedings of above-mentioned case. 3. At the very outset, learned counsel for counsel applicants stated at bar that bailable warrant has already been issued against the applicants and confined his prayer with regard to quashing of said bailable warrant. Learned counsel for applicants further submits that impugned bailable warrant order is against the facts and law, they had no knowledge about the proceedings initiated against them due to which they could not appear on the date fixed by the trial court, hence, bailable warrant was issued against the applicants. 4. Per contra, learned A.G.A opposed the prayer. 5. Be that as it may, without interfering into the merits of matter, applicants are hereby directed to appear before learned court concerned in pursuance to bailable warrant issued against them within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicants. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law. 6. With the aforesaid observation, the application is disposed of. Order Date :- 21.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad