RAHUL @ RAHUL KUMAR SAINI v. STATE OF U.P. AND ANOTHER
NA528/29006/2025 · 2025-08-22
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84216 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84216 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:146409 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29006 of 2025 Applicant :- Rahul @ Rahul Kumar Saini Opposite Party :- State of U.P. and Another Counsel for Applicant :- Himanshu Shukla,Narendra Mohan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. Present application has been preferred with prayer to quash the entire proceeding as well as charge sheet dated 26.12.2018 along with cognizance order dated 25.11.2021 in Criminal Case no. 16430 of 2021 (State vs. Jishan and others) arising out of Case Crime no. 699 of 2018 under Section 414 IPC and 4/21 of Mines Act and 2/3 of Prevention of Damage to Public Property Act, PS- Sadar Bazar, District Saharanpur.
3. After some argument, learned counsel for applicant confined his prayer only to the extent that since bailable warrant has already been issued against the applicant way back in the year 2023 and he has not yet appeared before court concerned so he may be granted some time to appear before learned court concerned in pursuance to bailable warrant.
4. Per contra, learned AGA vehemently opposed the prayer sought through instant application.
5. Considering the facts and circumstances of the matter, this Court finds that grounds raised by learned counsel for applicant while challenging entire proceeding in shape of Criminal Case no. 16430 of 2021 is not to the extent for seeking interference of this Court. However, applicant is directed to appear within three weeks from today before learned court concerned in pursuance to bailable warrant issued against him in the year 2023. Till three weeks from today, no coercive action shall be initiated against the applicant. After expiry of aforesaid period of three weeks, learned trial court is directed to proceed as per law.
6. The application u/s 528 BNSS stands disposed of accordingly. Order Date :- 23.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad