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2025 DAILYLAW 74063 (ALL)

BECHU v. STATE OF U.P. AND ANOTHER

NA528/24980/2025 · 2025-07-23

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123381 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24980 of 2025 Applicant :- Bechu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Dubey,Vishwajit Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash charge-sheet dated 24.12.2024 and cognizance/summoning order dated 14.05.2025 passed by learned Civil Judge (J.D.)/F.T.C./Crime Against Women, Mirzapur as well as entire proceeding of Case no. 375/2025 (State of U.P. vs. Bechu) arising out of Case Crime no. 155/2024 under sections 281, 125(b), 106(1) BNS and 3/181, Motor Vehicle Act, PS- Chilh, District Mirzapur pending in court of learned Civil Judge (S.D.)-I, Mirzapur. 3. While assailing the entire proceeding in shape of charge sheet and cognizance order, it has been contended by learned counsel for applicant that applicant is only owner of alleged vehicle. Applicant was not driving the vehicle at the time of incident, in fact his driver namely Bihari Lal was driving the vehicle at that time. Applicant is an illiterate person and has no valid driving licence. Driver of applicant has confessed that he was driving the vehicle at the time of incident in spite of that Investigating Officer took thumb impression of applicant over a plane paper and wrote confessional statement of applicant in his writing and implicated applicant in present case. There are also some compoundable sections imposed against the applicant and as such entire proceeding is liable to be quashed and set aside. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 5. Considering the facts and circumstances of the matter, applicant is directed to appear before learned court concerned and in case so advised, he may prefer discharge application in respect of his implication in sections which are compoundable in nature. However, it is made clear that outcome of the discharge application will not preclude the liberty in favour of the applicant to prefer same prayer as sought through instant application by way of filing similar application thereafter. 6. The application u/s 528 BNSS stands disposed of accordingly. Order Date :- 24.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad