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2025 DAILYLAW 89271 (ALL)

LAVLESH KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/31687/2025 · 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. - 31687 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. The present application under Section 528 B.N.S.S. has been filed with a prayer to quash the entire criminal proceedings of Case No. 232 of 2025, State Vs. Lavlesh Kumar and others, arising out of Case Crime No. 141 of 2024, under Sections 323, 504, 506, 452, 294 I.P.C., Police Station Karari, District- Kaushambi. Learned counsel for the applicants submits that the applicants have been summoned on basis of false allegations. 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. 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. Versus Counsel for Applicant(s) : Mahesh Kumar Counsel for Opposite Party(s) : G.A. Lavlesh Kumar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 Gss NA528 No. 31687 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad