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2025 DAILYLAW 84632 (ALL)

SURESH AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/29370/2025 · 2025-09-16

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29370 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section - 528 B.N.S.S. has been filed with the following prayer :- "It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow the present application and quash the impugned N.B.W. dated 17.01.2025 passed by learned Special Judge (D.A.A.), Mainpuri, proceeding under section 82 Cr.P.C dated 19.07.2025 passed by learned Additional Sessions Judge, E.C. Act, Mainpuri and proceeding under section 83 CrPC dated 23.07.2025 passed by learned Special Judge, D.E.A./EC. Act, Mainpuri in Special Session Trial No. 40/2003 (Vinesh Kumar vs. Angad Singh) arising out of Case Crime No. 252/2002, Under Section 395, 397 IPC, Police Station Karhal, District Mainpuri as well as entire proceeding of Special Session Trial No. 40/2003 (Vinesh Kumar vs Angad Singh) arising out of Case Crime No. 252/2002, Under Section 395, 397 1.P.C., Police Station Karhal, District Mainpuri pending in the court of learned Additional Judge, E.C. Act, Mainpuri." 3. It is submitted by learned counsel for the applicants that the prayer regarding quashing of impugned proceedings is not being pressed and that the impugned orders, by which warrants and process under Section - 82 Cr.P.C. has been issued, are against law and thus, liable to be quashed. It was submitted that earlier the proceedings of this case were stayed by this Court vide Criminal Misc. Application No. 405/2005 under Section - 482 Cr.P.C., however that petition / application was dismissed on 25.01.2017 for want of prosecution. After that the Trial court has initiated further Versus Counsel for Applicant(s) : Akash Yadav, Vipin Kumar Yadav Counsel for Opposite Party(s) : G.A. Suresh And 3 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) proceedings against applicants in view of law laid down in case of Asian Resurfacing of Road Agency Pvt. Ltd and Ors. Vs. Central Bureau of Investigation 2018 SCC Online SC 310. It was submitted that no notice or bailable warrants were served upon applicants and thus, the issuance of non bailable warrants and process under Section - 82 Cr.P.C. is against law. It was submitted that applicant would appear before the Trial court and a direction may be made to decide the bail application of applicants expeditiously in accordance with law. 4. In view of aforesaid, it is directed that in case 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 settled law. For a period of three weeks from today or till the applicants appear / surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 5. With the aforesaid observations, the application under Section 528 BNSS is disposed of. September 17, 2025 S Rawat NA528 No. 29370 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad