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2025 DAILYLAW 80575 (ALL)

SAURABH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/27615/2025 · 2025-07-30

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128217 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 27615 of 2025 Applicant :- Saurabh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 26.10.2024, cognizance order dated 08.07.2025 as well as entire proceedings of Case No.23094 of 2025 ( State vs. Saurabh and others) arising out of Case Crime No.626 of 2024, under sections 74, 115(2), 352, 351(2) B.N.S., Police Station Ramgarh, District Firozabad. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Learned counsel for the applicants submits that the applicants are on interim bail. It is a matrimonial dispute between the parties. Applicant no.1 is Jeth, applicant no.2 is husband, applicant no.3 is mother-in-law and applicant no.4 is father-in-law of the opposite party no.2. Investigating Officer has not collected any cogent evidence to prosecute the applicants in the present case. Cognizance and summoning by learned magistrate is without application of judicial mind. 4. Per contra, learned AGA vehemently opposed the submission of applicants' counsel and submitted that submission raised by learned counsel for the applicants are disputed question of fact which cannot be examined at this stage. 5. The prayer for quashing the entire proceedings, cognizance order of the aforesaid case against the applicants is, hereby, refused. 6. However, if applicants move discharge application before the concerned court below within two weeks from today, the court below shall decide their application in accordance with law, expeditiously, preferably within a period of six weeks from the date of filing of discharge application. 7. Till then, no coercive action shall be taken against the applicants in the aforesaid case. 8. With the above directions, this 482 application is disposed of. Order Date :- 31.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad