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2025 DAILYLAW 63174 (ALL)

BISHWAHARI PRASAD NAG v. STATE OF U.P. AND ANOTHER

NA528/23202/2025 · 2025-07-10

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111859 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23202 of 2025 Applicant :- Bishwahari Prasad Nag Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Prasad 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 and perused the record. 2. This application has been filed by the applicant to quash the entire proceedings of S.T. no. 1864 of 2024 (State vs. Bishwahari Prasad Nag) arising out of Case Crime no. 297 of 2022 under Section 8/20 of NDPS Act, at PS- G.R.P, Jhansi, District- Jhansi pending before Additional District Session Judge, Special NDPS Act, Jhansi as well as to quash the impugned charge-sheet dated 22.12.2023 submitted by the Investigating Officer and impugned cognizance order dated 19.11.2024 passed by the Magistrate concerned in aforementioned case. 3. At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court. 4. Learned AGA has no objection to the prayer so made. 5. Be that as it may, without interfering into the merits of the case, it is provided that in case the applicants appears before the court concerned within three weeks from today and move application for bail, the same shall be considered and disposed of in accordance with law. 6. For a period of three weeks from today, no coercive action shall be taken against the applicant. 7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant. 8. With the above direction, the instant application stands disposed of. Order Date :- 11.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad