CHOTI KUMARI AND 8 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/24863/2025 · 2025-07-29
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74753 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74753 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24863 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J.
1. The case is taken up on mentioning. 2. Heard Sri Girja Shanker Mishra, learned counsels for the applicants and Sri B. P. Singh, learned A.G.A. for the State-opposite party no.1. 3. This application u/s 528 BNSS has been preferred for quashing of the impugned summoning order dated 02.06.2025 in Case Crime No.42 of 2025 as well as charge sheet dated 22.03.2025, arising out in Case Crime No.0042 of 2025, under sections 191(2), 191(3), 127(2), 132, 352, BNS and section 7 CLA, Police Station Sarai Inayat, District Prayagraj, pending in the court of learned Additional Chief Judicial Magistrate, Room No.6, Prayagraj. 4. It is contended by the learned counsel for the applicants that present prosecution is an abuse of the process of the Court. He further submits that as per the impugned FIR the applicants were going to take bath in Mahakumbh-2025 and when they were stopped by the police, some hot talk took place between the applicants and police, hence, they have been falsely implicated in this case for violating the directions of police regarding route diversion. 5. On the other hand, learned AGA for the State has opposed the above submissions made by learned counsel for the applicants and submitted that a fter investigation the police has submitted the charge sheet against the applicants and the impugned order is just and proper. 6. The allegations against the applicants in the FIR are that they have violated the directions of police regarding route diversion, while they were going for bath in the Mahakhumb-2025, thereafter, some hot talks are said to Versus Counsel for Applicant(s) : Girja Shanker Mishra, Iftekhar Ahmad, Pratiksha Rai Counsel for Opposite Party(s) : G.A. Choti Kumari And 8 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
have taken place between the applicants and police. 7. Keeping in view of the above submissions of learned counsel for the parties, prima-facie a case for consideration is made out. 8. Let notice be issued to opposite party no.2 returnable at an early date. 9. Opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks hereafter. 10. List immediately after six weeks in the daily cause list. 11.
Till the next date of listing no coercive action shall be taken against the applicants in the aforesaid case. August 28, 2025 VKG NA528 No. 24863 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad