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2025 DAILYLAW 70312 (ALL)

NARENDRA DUBEY v. STATE OF U.P. AND ANOTHER

NA528/23261/2025 · 2025-08-10

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135872 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23261 of 2025 Applicant :- Narendra Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned AGA appearing for the State. 2. This present application has been filed for seeking quashing of chargesheet dated 17.02.2025 along with cognizance/summoning order dated 19.04.2025 as well as entire criminal proceeding of Case No.4724 of 2025 (State Vs. Praveen Kumar Paswan @ Dablu and others), arising out of Case Crime No.31 of 2025, under Sections 318(4), 319(2), 336(3), 338, 340(2) BNS and Section 60/63 of Excise Act, P.S. Haldharpur, District Mau, pending in the court of learned Judicial Magistrate, Mau. 3. On perusal of the narration of FIR as well as chargesheet and the statement recorded during investigation, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with chargesheet, can be set aside. 4. Accordingly, the prayer sought through the instant application, is refused. 5. Lastly, learned counsel for applicant submitted that liberty may be granted to applicant to surrender before the court concerned and apply for bail to which learned AGA has no objection. 6. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 7. However, it is made clear that till three weeks from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case. Order Date :- 11.8.2025/Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad