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2025 DAILYLAW 85167 (ALL)

ALOK PANDEY v. STATE OF U.P. AND 2 OTHERS

NA528/29918/2025 · 2025-09-11

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29918 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 charge-sheet dated 04.10.2020 as well as cognizance/ summoning order dated 17.01.2023, of Case No.271 of 2023 (State Vs. Laxmi Pandey and others), arising out of Case Crime No.130 of 2020, under Sections 147, 323, 452, 427, 506 IPC, P.S.- Phoolpur, District- Azamgarh, pending in the Court of Additional Chief Judicial Magistrate, Court No.11, Azamgarh. 3. It is submitted by learned counsel for applicant that in the aforesaid case the first information report was lodged against seven named accused persons, including one Shibbu Pandey. After investigation charge-sheet has been submitted against the said persons. It is submitted that name of applicant is Alok Pandey but applicant is being harassed by the police saying that his name is Shibbu Pandey. It was submitted that applicant is falsely being implicated in this case in lieu of named accused Shibbu Pandey. 4. In view of aforesaid, it is directed that in case applicant moves an application before the court concerned raising his grievance Versus Counsel for Applicant(s) : Chandan Kumar Chaturvedi Counsel for Opposite Party(s) : G.A. Alok Pandey .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) regarding identity, within a period of two weeks from today, the same shall be considered and decided expeditiously in accordance with law by the court concerned. It is further directed that for a period of two weeks from today and in case such application is filed before the court concerned within the aforesaid period of two weeks, till disposal of such application, no coercive action shall be taken against applicant - Alok Pandey in the aforesaid case. 5. The application u/s 528 BNSS is disposed of with aforesaid observations. September 12, 2025 CS/- NA528 No. 29918 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad