BHARAT SINGH ALIAS SHRI PRAKASH SINGH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/33846/2025 · 2025-09-07
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 90152 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 90152 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33846 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 the orders dated 10.01.2025, 14.02.2025, 21.03.2025, 28.04.2025, 16.05.2025, 30.06.2025 and 31.07.2025 (Annexure no. 4) passed by Special Additional District and Session Judge/POCSO-Ist, Deoria on application dated 10.01.2025 moved by the applicants in Session Case no. 519/2020 (State vs. Bharat Singh and others) under sections 147, 323, 354, 325, 452, 504, 506 IPC and 7/8 POCSO Act, PS- Kotwali Deoria, District Deoria and direct the learned Special Additional District and Session Judge/POCSO-Ist, Deoria to permit the applicants/defense side to conclude the cross- examination of PW1 in Session Case no. 519/2020.
3. Learned counsel for applicants submits that impugned order is against the
facts and law. The applicants had no knowledge about the proceedings initiated against them due to which they could not appear on the date fixed by the trial Court, hence, non-bailable warrant was issued against the applicants.
4. Per contra, learned A.G.A opposed the prayer.
5. Considering the facts and circumstances of the matter, applicants are
directed to appear before the learned court concerned in pursuance to impugned NBW issued against applicants within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the Versus Counsel for Applicant(s) : Meena Mishra, Vinit Mishra Counsel for Opposite Party(s) : G.A. Bharat Singh Alias Shri Prakash Singh And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
applicants. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law. However, it is made clear that none of the grounds are convincing for seeking quashing of orders impugned.
6. With the aforesaid observation, the application is disposed of. September 8, 2025 Shaswat NA528 No. 33846 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad