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2025 DAILYLAW 61389 (ALL)

RAVI KUMAR ALIAS RAVI KUMAR KUSHWAHA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/18774/2025 · 2025-08-03

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130099 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 18774 of 2025 Applicant :- Ravi Kumar Alias Ravi Kumar Kushwaha And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madhukar Maurya Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. The present application has been filed with the following prayer :- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the impugned Charge sheet dated 15.05.2016 submitted in Case Crime No. 1262 of 2015, Under Sections 498-A, 323, 504 & 506 of I.P.C and under sections 3/4 D.P Act 1961. Police Station Kotwali Mau, District Mau pending in the Court of Civil Judge (Junior Division)/FTC (Crimes against women), Mau, which was registered as Case No. 4281 of 2016 (State vs. Ravi Kumar and others) as well as order of cognizance and summoning dated 01.10.2016 passed by learned Chief Judicial Magistrate, District Mau and all consequential proceedings thereon in the interest of justice. And may also be pleased to stay further proceedings of Case No. 4281 of 2016 (State vs. Ravi Kumar and others) well as order of cognizance and summoning dated 01.10.2016 passed by learned Chief Judicial Magistrate, District Mau during pendency of this criminal misc. application before this Hon'ble Court." 2. Initially when the applicants appear before this Court submission was raised that compromise has been entered into between the parties and this Court on the aforesaid basis directed for verification of compromise. Today learned counsel for the applicants submits that compromise could not be verified as the opposite party no. 2 is not cooperating. 3. Learned counsel for the applicants tried to argue the case on merits, however, it is to be seen that in the present case summoning order has been issued on 1.10.2016. On a query being made to learned counsel for the applicants as to why after more than eight years summoning order has been put to challenge and what is the stage of trial, learned counsel for the applicants submits that now the matter has been fixed at the stage of Section 313 Cr.P.C. 4. In view of the fact that trial is also at the fag end, this Court declines to entertain the present application under Section 528 BNSS on the ground of delay. Accordingly, the application is dismissed. Order Date :- 4.8.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad