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2025 DAILYLAW 89548 (ALL)

SATYAVAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/32310/2025 · 2025-09-14

Nand Prabha Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32310 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 BNSS has been filed with a prayer to allow the present application and quash the entire proceedings of Case No. 4837 of 2025 (State v. Satyavan and others) arising out of Case Crime No. 0558 of 2024, under Sections 115(2), 352 and 351(2) of BNS, Police Station-Saraimeer, District Azamgarh and charge-sheet No. A-500 of 2024 dated 26.11.2024 and cognizance order dated 11.02.2025 pending in the court of learned Judicial Magistrate, Azamgarh. It has been submitted by learned counsel for the applicants that the applicants are the college going students and have been falsely implicated. It has also been submitted that applicants were not present at the time of the alleged incident. 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) : Jai Prakash Mishra Counsel for Opposite Party(s) : G.A. Satyavan And 2 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 15, 2025 Aditya Tripathi NA528 No. 32310 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad