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2025 DAILYLAW 68586 (ALL)

VEER SINGH v. STATE OF U.P. AND ANOTHER

NA528/22391/2025 · 2025-07-09

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110100 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 22391 of 2025 Applicant :- Veer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Ajay Sengar, learned counsel for the applicant, Sri S.D. Pandey, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed by the applicant praying for quashing impugned orders dated 23.05.2023 and 16.05.2012 passed by Chief Judicial Magistrate, Jhansi as well as entire proceedings of Criminal Case No.2424-A of 2012 and F.R. Misc. Case No.0756 of 2011 (State of U.P. vs. Veer Singh), arising out of Case Crime No.209 of 2011 u/s 302 IPC, P.S. Todi Fatehpur, District-Jhansi or to stay further proceedings of the case during pendency of the application. 3. In the instant matter, an FIR was lodged by O.P. no.2 against applicant on 03.11.2011 with respect to incident which took place on 02.11.2011 wherein it has been alleged that the accused persons including the present applicant have murdered the elder brother of the informant. After completion of investigation, final report was filed on 15.11.2011 against which protest petition was filed on 20.12.2011 and same was allowed and vide order dated 16.05.2012, four accused persons including the present applicant were summoned to face the trial. When the applicant did not appear to face the trial, NBW has been issued vide order dated 23.05.2023, which along with the summoning order dated 16.05.2012 has been challenged in this application. 4. Learned counsel for the applicants submits that the court below has issued NBW and process u/s 82 & 83 Cr.P.C. by the same order. He further submits that two co-accused persons, namely, Moorat Singh Yadav and Chandra Bhan Singh have already been acquitted. 5. Per contra, learned A.G.A. submits that the summoning order is of the year 2012 and the same has been challenged after lapse of almost 13 years and there is no sufficient cause for such long delay. 6.Once this Court has declined to entertain this application, learned counsel for the applicant prays that the application may be dismissed as withdrawn and also prayed for return of the certified copy of the documents filed along with this application. 7. The instant application is dismissed as withdrawn. 8. Office is directed to return the certified copies of the documents filed along with this application after restoring copies thereof on the record. Order Date :- 10.7.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad