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Neutral Citation No. - 2025:AHC:144703 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29869 of 2025 Applicant :- Kuldeep And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tej Om Prakash Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the records.
2. The present application under Section 528 BNSS has been filed with the prayer to quash the charge sheet dated 24.6.2020 summoning order dated 3.8.2021 passed by learned First Additional Civil Judge (J.D.) Firozabad along with entire proceeding of Case no. 8474 of 2021 (State vs. Umesh and others) arising out of Case Crime no. 127/2020 under sections 147, 323, 504, 506, 336, 188, 269, 270 IPC and 3 of Epidemic Disease Act, 1987, PS- Linepar, District Firozabad pending in court of Judicial Magistrate, Firozabad.
3. It is argued by learned counsel for the applicants that the State Government was pleased to issue an order dated 26.10.2021 to all District Magistrates to withdraw all cases wherein the offences of Indian Penal Code are punishable for not more than two years imprisonment and the cases relating to 56 Disaster Management Act, 2005 and Epidemic Act, 1987 relating to the period of COVID-19.
4. An identical controversy has already been decided by this Court vide judgement and order dated 26.5.2025 passed in Application Under Section 528 BNSS No.12454 of 2025 (Krishnaveer and 3 others Vs. State of U.P. and another). It is further argued by counsel for the applicants that since the controversy involved in the present application is identical as in the case of Krishnaveer (supra) hence applicants are also entitled for the same relief.
5. This fact has not been denied by the learned AGA.
6. In view of the same, the present petition is allowed. The proceedings of charge sheet dated 24.6.2020 as well as cognizance
order dated 3.8.2021 in Case no. 8474 of 2021 (State vs. Umesh and others) arising out of Case Crime no. 127/2020 under sections 147, 323, 504, 506, 336, 188, 269, 270 IPC and 3 of Epidemic Disease Act, 1987, PS- Linepar, District Firozabad, pending in the court of Judicial Magistrate, Firozabad so far it relates to the applicants is hereby quashed.
Order Date :- 22.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad