Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32477 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J.
Learned counsel for the applicants is permitted to make necessary corrections in the application. Let the same be incorporated within the course of the day. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. This application under Section 528 BNSS has been filed to quash the Charge Sheet dated 26.10.2024 as well as Cognizance Order dated 02.01.2025 passed by Additional Chief Judicial Magistrate, Court No. 4, Jaunpur in Case No. 9 of 2025 (State Versus Shubham and others) under Sections 419, 420, 406, 506 IPC, arising out of Case Crime No. 33 of 2023 under Sections 419, 420, 467, 468, 471, 406, 120B and 506 IPC, Police Station-Barsathi, District-Jaunpur.
Learned counsel for the applicants has submitted that applicants have been falsely implicated in this case. 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. Versus Counsel for Applicant(s) : Kamlakar Pal, Tanya Shri Counsel for Opposite Party(s) : G.A. Shubham And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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. 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 15, 2025 Shivani NA528 No. 32477 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad