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2025 DAILYLAW 84600 (ALL)

SIYARAM SINGH v. STATE OF U.P. AND ANOTHER

NA528/29168/2025 · 2025-09-08

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29168 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for applicant and learned A.G.A. for State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including cognizance/ summoning order dated 20.12.2000, of Case No.4272 of 2000 CNR No.UPCD040001892000 (State Vs. Siyaram Singh), arising out of Case Crime No.57 of 2000, under Sections 467, 468 419, 420, 471 IPC, Police Station Mugalsarai, District Chandauli, pending in the Court of Civil Judge (Junior Division)/ F.T.C.-I, District Chandauli. 3. It is submitted by learned counsel for applicant that the alleged incident has been shown of 04.03.2000 wherein one Siyaram was arrested by the police and allegations were levelled that he was using a stolen motorcycle by using forged documents. After investigation, charge-sheet was submitted against Siyaram. Learned counsel submitted that applicant is an employee of District Jail, Mirzapur and at the time of incident he was posted and present there and in fact some other person has used the name and address of applicant in that case. When applicant came to know about the proceedings of the said case, applicant has moved an application before the trial court concerned, wherein the C.J.M., Chandauli has summoned the Investigating Officer by order dated 02.01.2002 for clarification and documents of bail bonds were also called but the Investigating Officer is not appearing and that application has not been decided so far, whereas non-bailable warrants are being issued against applicant continuously. 4. Learned A.G.A. submitted that as matter regarding identity of accused is Versus Counsel for Applicant(s) : Girish Kumar Singh Counsel for Opposite Party(s) : G.A. Siyaram Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) pending before the trial court, thus a direction may be made to the C.J.M. concerned to decide the same expeditiously. 5. It appears from record that there is dispute regarding identity of the accused involved in the said incident. The case of applicant is that at the time of incident he was posted and present in District Jail, Chandauli and some one else has used his name and address. In that regard, applicant has filed an application before the concerned Magistrate on 24.12.2001. Regarding that application, C.J.M, Chandauli has summoned Investigating Officer. It was submitted that the said application has not been decided so far, whereas non-bailable warrants are being issued against applicant. 6. In view of aforesaid facts and circumstances, learned C.J.M., Chandauli is directed to decide the aforesaid application expeditiously in accordance with law. It is further directed that till disposal of the said application, no coercive action shall be taken against the applicant. 7. With the aforesaid observation, application is disposed of. September 9, 2025 CS/- NA528 No. 29168 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad