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2025 DAILYLAW 89569 (ALL)

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

NA528/32506/2025 · 2025-09-03

Nand Prabha Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32506 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 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 charge sheet dated 24.12.2010 and summoning order dated 14.01.2011 in Criminal Case No. 243 of 2011 (State Vs. Balveer and another) pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Gautambudh Nagar in Case Crime No. 338 of 2010, First Information Report No. 158 of 2010 under Sections 447 and 506 IPC, Police Station-Badalpur, District- Gautambudh Nagar and further stay the entire proceeding in Criminal Case No. 243 of 2011 (State Vs. Balveer and another) pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Gautambudh Nagar in Case Crime No. 338 of 2010 FIR No. 158 of 2010 under Sections 447 and 506 IPC, Police Station-Badalpur, District-Gautambudh Nagar. 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) : Haseen Ahmad, Sipte Husain Counsel for Opposite Party(s) : G.A. Rangpal 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 4, 2025 Shivani NA528 No. 32506 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad