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2025 DAILYLAW 89259 (ALL)

VINAY KUMAR v. STATE OF UP AND ANOTHER

NA528/31725/2025 · 2025-10-05

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31725 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 BNSS has been filed for quashing Charge-sheet dated 13.12.2020, being C.S. No. 633 of 2020 as well as entire proceedings registered in its pursuance as Criminal Case No. 1852 of 2021 (CNR No. UPHP040005132021) State of U.P. Vs. Jai Bhagwan and Another, arising out of Case Crime No. 621 of 2020, registered under Section 38/7 of Essential Commodities Act at Police Station Hapur Nagar, District Hapur. 3. Learned counsel for the applicant submitted that applicant is near about 65 years of his age and as such he is not in situation to appear on each and every date whatsoever is being fixed by the learned court concerned. He confined his prayer only to the extent that applicant be permitted to appear through counsel before court concerned. 4. Per contra, learned A.G.A opposed the prayer. 5. Be that as it may, none of the grounds taken up through the instant application are convincing for consideration of prayer as made through this application and as such prayer sought through instant application is hereby refused. 6. However, applicant is hereby directed to appear before the learned concerned court through his counsel. The objections so raised through the instant application will be available before learned concerned court apart Versus Counsel for Applicant(s) : Amit Daga, Sachin Kumar Counsel for Opposite Party(s) : G.A. Vinay Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) from other, if any. 7. With the aforesaid observation, the application is dismissed. (Saurabh Srivastava,J.) October 6, 2025 Vibha Singh NA528 No. 31725 of 2025 2 Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad