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2025 DAILYLAW 91375 (ALL)

MANOJ KUMAR MISHRA v. STATE OF U.P. AND 2 OTHERS

NA528/33735/2025 · 2025-09-03

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33735 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to direct respondents to make re-investigation and quash order dated 21.06.2025 passed in Case no. 79933 of 2024 (State of U.P. vs. Manoj Mishra)arising out of Case Crime no. 34 of 2023 under Section 3/7 Essential Commodities Act, 1955, PS- Koirauna, District Sant Ravidas Nagar, Bhadohi. 3. Learned counsel for applicant submitted that learned court of Additional Chief Judicial Magistrate, Bhadohi, without application of judicial mind has passed impugned order dated 21.06.2025, whereby application preferred at the behest of applicant, seeking re-investigation has been rejected. It is contended by learned counsel for applicant that applicant has been falsely implicated in the present case only on the basis of fabricated and concocted story, therefore, re-investigation is required in pursuance to FIR bearing Case Crime no. 34 of 2023 registered against applicant. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 5. From perusal of records and after considering the rival submissions extended by learned counsels for the parties, this Court finds that impugned order dated 21.06.2025 has been passed by learned Additional Chief Judicial Magistrate, Bhadohi, observing therein that applicant is at liberty to produce all the documents in support of his case at the stage of trial. The finding Versus Counsel for Applicant(s) : J. N. Dwivedi Counsel for Opposite Party(s) : G.A. Manoj Kumar Mishra .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) recorded by learned trial court is highly justified and there is no illegality found in the impugned order dated 21.06.2025. It is well settled that the inherent powers under Section 528 BNSS are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 528 BNSS. 6. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. September 4, 2025 Shaswat NA528 No. 33735 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad