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2025 DAILYLAW 86662 (ALL)

AJAY @ CHULBUL AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/31638/2025 · 2025-09-08

Nand Prabha Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31638 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. This application under Section 528 B.N.S.S. has been filed to quash the impugned charge sheet dated 25.07.2024 as well as summoning order dated 27.03.2025 passed by learned Civil Judge (Senior Division) Second/Additional Chief Judicial Magistrate, Jaunpur and entire proceeding of Criminal Case No. 93 of 2025 (State Vs. Ajay @ Chulbul) arising out of Case Crime No. 77 of 2024 under Sections 147, 323, 504, 506, 452, 308 IPC, Police Station-Baksha, District-Jaunpur, pending in the Court of Civil Jude (Senior Division), Second/Additional Chief Judicial Magistrate, Jaunpur. Learned counsel for the applicants submits that the story in the FIR is entirely different from the statement of the witnesses recorded under Section 161 Cr.P.C. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. Accordingly, prayer for quashing is declined. Versus Counsel for Applicant(s) : Dheeraj Kumar Yadav Counsel for Opposite Party(s) : G.A. Ajay @ Chulbul And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) However, in the interest of justice, it is provided that in case the applicants move an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case. With the aforesaid direction, this application is disposed of. September 9, 2025 Shivani NA528 No. 31638 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad