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2025 DAILYLAW 79628 (ALL)

AKASH v. STATE OF U.P. AND ANOTHER

NA528/27102/2025 · 2025-08-12

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137683 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 27102 of 2025 Applicant :- Akash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vineet Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant application has been preferred for quashing the entire proceedings of Case No.276 of 2025 (State vs. Ram Sevak and Others) arising out of Case Crime No.206 of 2023, under section 447 I.P.C. and sections 2/3 of Prevention of Damages to Public Property Act, 1984, P.S. Saraimamrej, District- Prayagraj, pending in the court of learned Additional Chief Judicial Magistrate-6, Allahabad, including charge-sheet dated 24.09.2023 and cognizance order dated 22.05.2025. 3. At the very outset, learned A.G.A. has raised a preliminary objection by way of submitting that no prejudice has been caused to the applicant since while taking cognizance of offence vide order dated 22.05.2025, there is hardly any whisper regarding name of the applicant by learned court of Additional Chief Judicial Magistrate, Court No.6, Prayagraj in Case Crime No.206 of 2023, wherein applicant has never been summoned and as such no cause of action arises in favour of applicant for challenging the proceedings arising out of Case Crime No.206 of 2023. 4. When confronted with above, learned counsel for the applicant could not overcome the same. 5. In view of above, the instant application u/s 528 BNSS stands dismissed. Order Date :- 13.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad