AJAY GUPTA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/28344/2025 · 2025-08-12
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82251 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82251 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:138629 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28344 of 2025 Applicant :- Ajay Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anant Ram Shukla,Sagar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicants and learned AGA appearing for the State.
2. This present application has been filed for seeking quashing of chargesheet dated 15.11.2023 along with cognizance order dated 14.08.2024 and entire proceeding of Criminal Case No.1354 of 2024 (State Vs. Rakesh Gupta and others), arising out of Case Crime No.571 of 2023, under Sections 434 IPC and Section 3/5 Prevention of Damage to Public Property Act, P.S. Handia, District Prayagraj, pending in the court of learned ACJM-VIIIth, Allahabad.
3. On perusal of the narration of FIR as well as impugned order and chargesheet, 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 and entire criminal proceedings of the said case, 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 applicants 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 applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their 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 applicants herein in pursuance of aforesaid case.
Order Date :- 13.8.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad