RAM SHANKAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/34928/2025 · 2025-09-11
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 91092 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 91092 (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. - 34928 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 cognizance order dated 25.06.2020 in Case No. 4473 of 2020 (State vs. Ram Shankar and others) and impugned charge sheet dated 26.1.2020 submitted in Case Crime No. 87 of 2019 under Sections 498A, 323 IPC and Section 3/4 of D.P. Act, Police Station Chandpur, District Fatehpur, pending in the Court of Civil Judge, (Junior Division)/Judicial Magistrate, Fatehpur. It has been submitted by learned counsel for the applicants that the applicants have filed the present application according to the liberty given by the Coordinate Bench of this Court vide order dated 05.07.2022. It has further been submitted that the dispute between the parties is matrimonial in nature and the applicants have been falsely implicated. 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) : Dheeraj Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Ram Shankar And 3 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 12, 2025 Puspendra NA528 No. 34928 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad